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1977-11-01 CC Agenda Packet~M 77-328 ~M 77-329 Mound City Council November 1, 1977 City Hall 7:30 P.M. '/3. . CITY OF MOUND Mound, Minnesota AGENDA Minutes Pg. 8~-811 Police Union Cbntract 1978-1980 Pg. 793-802 Salary Review Pg. 792 Comments and Suggestions by Citizens Present (2 Minute Limit) Multiple Dwelling Ordinance Discussion - Revised Pg. 788-791 (Also See Pg. 733* Information Memorandums & Misc. Pg. 746-787 I.M. 77-189) Please bring this material to meeting. Page 812 168 REGULAR MEETIHG _~ OF THE C I TY COUNC I L ~ October 18, 1977 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road is said City on October 15, 1977 at 7:00 p.m. Those present were: Hayor Tim Lovaasen, Councilmembers: Gordon Swenson, Robert Polston and Benjamin Withhart. PUBLIC HEARING NORTH ISLAND PARK STREET IMPROVE,~!EHTS The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on said street improvements. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. City Engineer William McCombs presented a slide presention of proposed street improvements in the North Island Park area. He also described possible storm drainage in the area and the formula for assessments. The Mayor then opened the public hearing for input on said street improve- ments and persons present to do so were afforded an opportunity to express their views thereon. Persons present offering questions and comments included: Richard Hartman, 2640 Shannon Lane Victor Anderson, ~636 Carlow Richard Payne, 1~739 Kildare Bill Burton, 4608 Carlow Connie Meyer, 4731Carlow Joan Fox, 4525 Denbigh Tom Madonna, 4766 Kildare Louis Oberdeck, 2717 Clare Lane Ron Gehring, 3215 Charles Lane Jim Kluth, q432 Denbigh Daniel Campbell, 4512 Montgomery Mrs. Lloyd Reistad, 4619 Carlow William Craig, 2645 Shannon The Mayor then closed the public hearing. Counci~member Fenstad arrived at 7:45 p.m. Fenstad moved and Polston seconded a motion RESOLUTION 77-469 Roll call vote: RESOLUTION TO WAIVE THE READING AND ORDER THE IMPROVEMENTS AND DIRECT THE ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR PROJECT 77-70 (NORTH ISLAND PARK) Fenstad - Aye Swenson - Aye Lovaasen - Aye Polston - Aye Withhart - Aye The Mayor then re-opened the public hearing on the Langdon Lane street im- provement project. No persons were present to offer comments or questions and the Mayor then closed the public hearing. Swenson moved and Fenstad seconded a motion RESOLUTION 77-470 RESOLUTION TO WAIVE THE READING AND ORDER THE IMPROVEMENTS AND DIRECT TIlE ENGINEER TO PREPARE PLANS A~ID SPECIFICATIONS FOR PROJECT 77-66 (LANGDON LANE) Roll call vote: Fenstad Polston Aye Aye Lovaasen - Aye Swenson - Aye Withhart - Aye 811 The Mayor then re-opened the public hearing on the Langdon Heights-Beachwood street improvement project. No persons were present to offer comments or questions and the Mayor then closed the public hearing. Polston moved and Fenstad seconded a motion RESOLUTION 77-471 RESOLUTION TO WAIVE THE READING AND ORDER THE IMPROVE~tENTS AND DIRECT THE ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR PROJECT 77-69 (LANGDON ItEIGHTS-BEACHWOOD) Roll call vote: Fenstad - Aye Swenson ~ Aye Lovaasen ~ Aye Polston - .&ye Withhart - Aye The Mayor then re-opened the public hearing on the Three Points-Avocet to Gull street improvement project. No persons were present to offer comments or questions and the Mayor then closed the public hearing. Fenstad moved and Swenson seconded a motion RESOLUTION 77-472 RESOLUTION TO WAIVE THE READING AND ORDER THE IMPROVEMENTS AND DIRECT THE ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR PROJECT 77-71 (THREE POINTS-AVOCET TO GULL) Roll call vote: Fenstad - Aye Swenson - Aye Lovaasen - Aye PolSton - Aye Withhart - Aye The Mayor then re-opened the public hearing on the Tonkawood - East and West street improvement project. No persons were present to offer comments or questions and the Mayor then closed the public hearing. Polson moved and Fenstad seconded a motion RESOLUTION 77-473 RESOLUTION TO WAIVE THE READING AND ORDER THE IMPROVEMENTS AND DIRECT THE ENGINEER TO PREPARE PLANS AND SPECIF!CAT!ONS FOR PROJECT 77-68 (TONKAWOOD -EAST AND WEST) Roll call vote: Fenstad - Aye Polston - Aye Lovaasen Aye Swenson - Aye Withhart - Aye Swenson moved and Polston seconded a motion RESOLUTION 77-474 RESOLUTION DIRECTING THE ENGINEER TO COMBINE THE PROJECTS FOR BIDDING AS ONE PROJECT. Roll call vote: Fenstad Polston Aye Aye Lovaasen Aye Swenson - Aye Withhart - Aye 17o WATERMAIN - BALSAM AHD SPRUCE Withhart moved and Polston seconded a motion RESOLUTION 77-475 The vote was unanimously in favor. SNOW PLOWING BIDS RESOLUTION APPROVI~!G THE RELOCATION OF THE WATERMAIN IN THE AREA OF SPRUCE AND BALSAM AS RECO~tMENDED BY THE PUBLIC ~!ORKS DIRECTOR. Fenstad moved and Withhart seconded a motion RESOLUTION 77-476 RESOLUTION A~/ARDING SNOW PLO~qlNG CONTRACT TO ILLIES & SONS IT BEING THE ONLY BID RECEIVED. The vote was unanimously in favor. BINGO PERMITS Fenstad moved and Polston seconded a motion RESOLUTION 77-477 RESOLUTION APPROVING ISSUANCE OF BINGO PERMITS AND ~IAIVING THE BOND AND FEE REQUIREMENTS. The vote was unanimously in favor. TAX FORFEIT LAND Fenstad moved and Polston seconded a motion RESOLUTION 77-478 RESOLUTION AUTHORIZING AND DIRECTING APPLI- CATION FOR CONVEYANCE FROM THE STATE LOTS 1-9 INCL.,BLOCK 13, ARDEN. FOR/PARK PURPOSES. The vote was unanimously in favor. Withhart moved and Fenstad seconded a motion RESOLUTION 77-479 RESOLUTION AUTHORIZING AND DIRECTING APPLI- CATION FOR CONVEYANCE FROM THE STATE LOTS 7,8 & 9, BLOCK 25, DEVO~I FOR WETLANDS The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 77-480 RESOLUTION AUTHORIZING AND DIRECTING APPLI- CATION FOR CONVEYANCE FROM THE STATE LOT 35, AUDITOR'S SUBD. 167 AND LOT 29, LAFAYETTE PARK FOR WETLANDS. The vote was unanimously in favor. 'RESOLUTION 77-481 Fenstad moved and Polston seconded a motion RESOLUTION AUTHORIZING THE RELEASE OF LOT 21, BLOCK 7, ARDEN AND LOT 4, BLOCK 7, ARDEN FOR PUBLIC SALE. The vote was unanimously in favor. Polston moved and Fenstad seconded a motion RESOLUTION 77-482 RESOLUTION AUTHORIZING TAX FORFEIT UNDER- SIZED LOTS TO BE WITHHELD FROM SALE. The vote was unanimously in favor. 809 171 SIDEWALKS The Council determined to take no action on this item at this time. VOTING ~QUIPMENT ~Vithhart moved and Polston seconded a motion RESOLUTION 77-453 RESOLUTION OPPOSIIIG SFll$6 - A BILL TO OUTLAW ELECTRONIC AND PUNCH CARD VOTING SYSTEMS, The vote was unanimously in favor and the Council requested a copy of the resolution be sent to the League of Minnesota Cities. PUBLIC HEALTH NURSING SERVICE Fenstad moved and Swenson seconded a motion RESOLUTION 77-484 The vote was unanimously in favor. RESOLUTION ESTABLISHING THE CITY COUNCIL AS THE BOARD OF HEALTH, Swenson moved and Fenstad seconded a motion RESOLUTION 77-485 The vote was unanimously in favor. RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN THE JOINT POWERS AGREEMENT FORMING A SUBURBAN NURSING SERVICE GROUP, Polston moved and ~ithhart seconded a motion RESOLUTION 77-486 The vote was unanimously in favor. RESOLUTION APPOINTING MAYOR T!M LOVAASEN A DIRECTOR TO THE JOINT POWERS BOARD OF DIR- ECTORS. Fenstad moved and Polston seconded a motion to amend Resolution 77-439 to authorize a contribution to only one nursing service. The vote was unanimously in favor. WELL NUMBER 5 Fenstad moved and Withhart seconded a motion RESOLUTION 77-487 The vote was unanimously in favor. RESOLUTION 9ECLARING AN EMERGENCY AND AUTH- ORIZING THE REPAIR OF WELL NUMBER 5. COMMENTS AND SUGGESTIO~1S FROM CITIZENS PRESENT No persons offered comments or suggestions at this time. INFORMATION MEMORqNDUM 77-182 The City Manager informed the Council of recent action in the Continental Tele- phone case. Swenson moved and Polston seconded a motion RESOLUTION 77-488 RESOLUTION REQUESTING THE MAYOR TO DIRECT A LETTER TO TilE GOVERNOR REGARDING THE CON- TINENTAL TELEPHONE MATTER. The vote was unanimously in favor. 8O$ 172 I NFORHATIOI'~ HEMORAHDUM 77-18.3 The City Planner informed the Council of progress with the Overall Economics gevelopment Program. Withhart moved and Swenson seconded a motion of support of the action taken by the City staff as regards the Overal Economic Development Program. The vote was unanimously in favor. Fenstad moved and Polston seconded a motion to adjourn to the Public Works Heeting on October 24, 1977 at 7:09 p.m. The vote was unanimously in favor, so carried and adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager 8 0 7 173 REGULAR MEETING OF THE CITY COUNCIL October 25, 1977 Pursuant to due cai 1 and notice thereof, a regular meeting of the City Counci 1 of the City of Hound, Hennepin County, Hinnesota was held at 53)-:1 .~'..aywood Road in said City on October 25, 1977 at 7:30 p.m. Those present were: Hayor Tim Lovaasen, Councilmembers: Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curt Pearson and City Clerk Mary H. Harske. M I NUTES The minutes of the meeting of October 11, 1977 were presented for consideration. Withhart moved and Polston seconded a motion to accept the minutes of the meeting of October 11, 1977. The vote was unanimously in favor. CERTIFYING ASSESSMENTS TO STATE LAND Withhart moved and Swenson seconded a motion RESOLUTI OH 77-489 RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FORFEITED LANDS IF SUCH PROPERTIES.HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IMPROVEMEHTS NAMED IN THE FOLLOWING SCHEDULE; AND DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL A~OUNT THAT ~OULD HAVE BEE~ ASSESS- ED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT, AND DIRECTING SAID CITY CLERK TO CERTIFY THE SAHE TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES 282.O1, SUBD. 4. The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 77-490 The vote was unanimously in favor. RESOLUTION DETERHINING TOTAL AHOUNTS THAT WOULD }lAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESS~IENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IHPROVE~ENTS NAMED IN THE FOLLOWING SCHEDULE; AND DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESS- ED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT, AND DIRECTING SAID CITY CLERK TO CERTIFY THE SAHE TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES 282.01, SIJBD. 4. SCHOOL PROPERTY FOR SALE k~ithhart moved and Polston seconded a motion RESOLUTION 77-491 RESOLUTION AUTHORIZING THE MAYOR AND CITY ~!ANAGER TO ENTER INTO A PURCHASE AGREEHENT WITH THE SCHOgL DISTRICT TO PURCHASE CERTAIN PROPERTY ¥!ITHIN THE CITY OF MOUND FOR $3h,O00. The vote was unanimously in favor. 80g PERMITS PIN BALL MACHINES Swenson moved and ~ithhart seconded a motion RESOLUTION 77-492 The vote was unanimously in favor. PUBLIC WORKS UNION AGREEMENT RESOLUTION APPROVItlG ISSUANCE OF PERMITS FOg FOUR PiN BALL HACHINES AT THE HOUND BOWLINE LANES W;thhart moved and Polston seconded a motion RESOLUTION 77-493 The vote was unanimously in favor. TAX FORFEIT LAND RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA TEAMSTERS PUBLIC AND LAW EN- FORCEMENT EMPLOYEES' UNION LOCAL #320 Polston moved and Withhart seconded a motion RESOLUTION 77-494 The vote was unanimously in favor. RESOLUTION AUTHORIZING RELEASE OF PARCELS 6~10, 7010, 7100, 7210, 7415 AND 8040 OF KOEHLERS SECOND ADDITION FOR PUBLIC SALE. Withhart moved and Lovaasen seconded a motion RESOLUTION 77-495 RESOLUTION AUTHORIZING RELEASE OF PARCEL 5230, PLAT 38010, WYCHWOOD EXCEPT FOR 30' OF ROAD RIGHT OF WAY ALONG BRIGHTON BOULEVARD FOR PUBLIC SALE. The vote was unanimously in favor. ACTING CITY MANAGER Swenson moved and Polston seconded a motion RESOLUTION 77-496 RESOLUTION APPOINTING THE CITY CLERK AS ACTING CITY MANAGER DURING THE ABSENCE OF THE CITY MANAGER FROM OCTOBER 29, 1977 TO NOVEMBER 13, 1977. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mrs. Janet Gellman questioned what school property was being purchased by the City. PAYMENT OF BILLS No bills were presented for approval of payment. INFORMATION MEMORANDUM 77-191 'The Council reviewed the Council Memorandum as related to the proposed development of the Turnquist property. The City Planner advised the Council that he is presently drafting a P.U.D. ordinance. STOP SIGN - TUXEDO & WILSHIRE Swenson moved and Withhart seconded a motion RESOLUTION 77-497 The vote was unanimously in favor. RESOLUTION AUTHORIZING THE INSTALLATION OF A SIGN ON TUXEDO BOULEVARD ADVISING MOTORISTS OF A BLIND DRIVEWAY ENTERING THE TIPI-WAKAN APARTMENT COMPLEX. 175 BLACK LAKE BRIDGE The Council requested that a meeting be set up with Spring Park City Council and Hennepin County Highway Department to discuss the improvement of Black Lake Bridge. SIDEWALKS Swenson moved and WithhaFt seconded a motion RESOLUTION 77-498 RESOLUTION DIRECTING THAT COMMERCIAL PROPERTY BE ASSESSED 100% FOR SIDEWALK IMPROVEMENTS OR REPAIRS MADE ABUTTING SAID PROPERTY. The vote was unanimously in favor. Withhart moved and Swenson seconded a motion RESOLUTION 77-499 RESOLUTION REQUESTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE FOR COUNCIL CONSID- ERATION REGARDING ASSESSMENTS LEVIED TO PROPERTY OWNERS FOR SIDEWALK IMPROVEMENTS. The vote was three in favor with Polston abstaining. So carried. TUXEDO EASEMENTS The Council reviewed Information Hemorandum 77-190 but determined to take no action at this time. NO PARKING ~ MANCHESTER ROAD Swenson moved and Polston seconded a motion to ordain the following section be added to the City Code as Ordinance 370 ORDINANCE NO. 370 AN ORDINANCE AMENDING SECTION 46.29 SUBDIVISION (b) TO ADD SUBSECTION 53, PROHIBITING PARKING ON MANCHESTER ROAD FROM DEVON TO TUXEDO BOULEVARD The City of Mound does ordain: Section 46.29 Subdivision (b) of the City Code is amended to add Sub- section 53 which shall read as follows: 53. No parking on both sides of Manchester Road from Devon Lane to Tuxedo Boulevard. The vote was unanimously in favor, so ordained. CANCELLATION OF SPECIAL ASSESSMENTS ON CITY PROPERTY Lovaasen moved and Polston seconded a motion RESOLUTION 77-500 The vote was unanimously in favor. CONTINENTAL TELEPHONE CASE RESOLUTION CANCELLING SPECIAL ASSESS- MENTS ON CITY OWNED PROPERTY. The City Attorney briefly reviewed the status of the legal case with Continental Telephone Company. Withhart moved and Swenson seconded a motion to concur with the attorneys rec- ommendation on procedure for proceeding on the case. The vote was unanimously in favor. 176 COMMENDATION OF RUSSELL WENKSTERN Withhart moved and Polston seconded a motion RESOLUTION 77-501 The vote was unanimously in favor. ADJOURNMENT Withhart moved and Polston seconded a motion to adjourn to the next regular meeting on November 1, 1977 at 7:30 p.m. The vote was unanimously in favor, so carried and adjourned. RESOLUTION COHMENDING RUSSELL L. WENKSTERN Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City ~tanager 803 CITY OF MOUND Mound, Minnesota October 27, 1977 COUNCIL MEMORANDUM NO. 77-328 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Police Union Contract 1978-1980 Attached is a copy of a proposed contract with the Police Union for the years 1978-1979-1980. This agreement provides for a wage increase of $100 per month (7.3%) in 1978 and increased based on "cost of living" from July to July of each year. In other changes, the Police will be on the same basis as Public Works in insurance payments and vacations. In 1979, the Police Holidays will be the same as the Public Works. It is recommended that the Mayor and Manager be authorized to sign the agreement. ~ 802 LABOR THE CITY OF MOU~ID MI~IESOTA TEAI,~STERB PUBLIC AliD LA~q ~L0~S' %~ION LOCAL #320 ARTICLE I PURPOSE This Agreement is entered into as of January 1st., 1~78 between the City of I~ud, hereinafter called the ~LC.%~q, and the i~nnesota Tea~.sters P~olic ~md Law ~uforcement ~loyees' Union, Local #320, hereinafter called the UHION. It is the intent and p~pose of this A~-eement to: , 1.1 Establish procedures for the resolution of disputes concerning ~his Agreement's interpretation and/or application; and 1.2 Place in ,~itten form the p~rties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE II R~COGNITI0~? 2.1 The ~uployer recognizes the Union as the exclusive representative, ~nder '~,~nnesota job classifications: Police 0ffic~r, Investigator/Detective and Juvenile Officer 2.2 In the event the ~ployer and the Union are unable to agree as to the inclusion or exclusion of a ne~ or modified job class: the issue shall be submitted to the Bureau of Msdiation Services for determination. ~2RTICLE III D~I!~ITIOI~S 3.1 ~{ION: The ~,'~innesota Teamsters Public And Law Enforcement k~uployees' Union, Local 3.2 ~ION ]:~,~A~t:A member of the t~.esota Te~sters ~blic And Law ~forcement ~ployees' Union, Local ~20. 5.3 ~L0~: A member of the exclusively reco~ized bar~ining ~uit. 5.4 D~%q~: The City of Mo~d Police Department. ~.5 ~,~L0~: The City of Mo~d, 3.6 C~: The Chief of the City of Mo~uud Police Deps.rtMeut. 3.7 ~ION 0~C~: Officer elected or appointed by the ].~esota Te~sters ~blic ~ ' ~ O, ~d L~w ~forcement ~ployees' ~,nzon, Local ~.8 ~STI~TOR/D~ECTI~: An employee sDecifically assi~ed or classified by the ~ployer to the job classification ~d/or position of Investigator'/Detective. 3.9 O~TI~.~: ~ork perfo~ed at the express authorization of the ~ployer in excess of the employee's scheduled shift. 5.10 SC~Db~ED S~!~T: A consective work period including rest breaks ~nd a l~ch bre~. ~.1! ~ST BP~S: ~eriods d~ing the scheduled shift d~ing which the employee . rems, ins on continua~l duty ~d is .responsible for ~ssi~ed duties. 3.12 L~CH B~E: A period d~ing the scheduled shift d~ing ~hich tho employee remains on contin~l duty ~d is responsible for assigned, dnti'es. 801 3.13 STRIKE: Concerted in failing to report for , the willful absence from one's position~ the ~toppage of wo~k~ slow-dowa~ or abstinence in whole or in part from the full, faithful and proper ~erfOrmance of the duties of employment for the purpose of inducing, influencing or coercing a ch~_nge in the conditions or compensation or the rights, privileges or obligations of employment. 3.14 PROBATIOI, h~RY PERIOD: A period of time not to exceed twelve(12) calendar months from the date of employment subject to the conditions of Article LX, Section 9.2. ARTICLE IV ~:~LOY~R SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the ~ployer. ARTICLE V E,~LOYERAUTHORiTY 5.1 The Employer retains the full and unrestricted right to operate mud manage all msnpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization Qf tecbmolo~y; to establish and modify the origanizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform.., any inherent managerial function not specifically limited by this Agreement. 5.2 Any term smd condition of employment not specifically established Or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in %~itingan ~mount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bs~g~.iningunit to act as a steward and an alternate and shall inform the ~z~.~oloyer in ~,~iting of such choice and changes in the position of steward s~d/or alternate. 6.3 The '.~ployer shall n~ke space available on the employee bulletin board for post g 'ion notice(s) and a=o=oe=ent(s). 6.4 The Union agrees to indemnify and hold the ~p!oyer harmless a~inst any and all claims, suits, orders, or judgements brought or issued a~ainst the E~.p!oyer as a result of any action taken or not taken by the ~¥.ployer under the provisions of this Article. .~RTICLE VII ~.~LOY-E~E RIG}~DS-GRIP~AUCE PROCEDURE 7.1 Dnfinition Of A Grievance A grievance is defined as a dispute or disagreement as to the inte~retation or application of the specific te~s and conditions of this Agreement. 7.2 Union Representatives The k~nployer shall reco~ize representatives designated by the Union as 'the grievsmce representatives of the bargw~ining umit having the duties smd responsibilities established by this Article. The Union shall notify the iu %.~iting of 'the ns~mes of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 7,3 Procossin~ Of A Grievance It is recog.mized cmd accepted by the Union and'the ~,~nployer that the processing of grievances as hereinafter provided is limited by -the job duties smd respon- sibilities of '[he employees smd shall therefore be accomplished during normal wgrking hours only when consistent with such employee duties and responsibilities. '- 800 The aggrieved' empl and a Union Representative be allo%.;ed a reasonable to the Employer d~rin,g normal working hours provided {ha% ~he employee Union Representative have notified and received the aDproval of the designated supervisor who has determined thkt such absence is reasonable and ~;ould not be de~mimental to the work programs of the Employer.' 7.4 ~0Oecture grieva_nces~ as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerin~ the interpretation or application of this A~reement shall, within twenty-one(21) calendar days after such alleged violation has occured, present such grievance to the employees' supervisor as designated by the ~_ployer. The Employer designated revresentative will discuss and give an anat./er to such Step 1 grievance within ten(10) calendar days after receipt. A grievance not resolved in Step 1 a_nd appealed ~o Step 2 shall be placed in %~iting setting forth the D~e of the grievanoe~ ~he faots on which i% is based, the provision or provisions of the Agreement allegedly violated~ the remedy requested, and' shall be appealed to Step 2 within ten(lO) calenda~ days after the ~,i~np!oyer designated representatives final ar. swot in Step I. Any grievance no% appealed in writing to Step 2 by the Union within ten(lO) calendd, r days shall be considered waived. ~S%e? 2. if appealed, the %~'itten grievance shall be presented by the Union and discussed with the Eraployer desi~or, ated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 ans~,;er in w~iting within ~en(10) Calendar days after receip~ of such Step 2 'grievance. k g~ievance not resolved in Step 2 m~y be appealed to Step 3 within %eh(10) calendar ~ays following the Employer designated representatives final S~ep 2 answer. Any grievance not appealed in w~iting to S~ep 3 by the Union within ~en(10) calendar days' shall be considered waived. S_~e~ ~. If appealed, %he %~itten 'gTievance shall be presented by the Union and discussed with the .-~mp!oyer designated Step ) representative. The Employer designated representative shal_ ~ive the Union the Emg!oyers answer in wlth/_n %enkl0) ca_enmar days after recempt of such Step .5 g~ieva_nce. A grievance not resolved in Step 3 may be appealed to Step 4 within ten(10) calendar days following %he Employer designated representatives final answer in Step 3. g~ievance not appealed in %~iting to Step 4 by the Union within ten(10) calendar days shall be considered waived. Step 4. A 'g~ievance unresolved in Step 5 and .appealed to Step 4 by the Union shall be su'omitted to arbitration subject to the provisions of the t~ub!ic Labor Relations Act of 1971~ as m'aended. The selection of ~m arbitrator shall be made in accordance with the"Rules Governing' the Arbitration of Grievances" as established by the Public Employ.?...ent Relations Board. 7.5 Arbitrator' s Authcri%y A. The arbitrator shall have no right to ~end, modify, nullify, i~nore, add to, or subtract from the terms and conditions of this Ag'recment. The arbitrator shall consider and decide only the specific issue(s) submitted in %..~iting by the ~nployer and the Union, and shall have no authori-ty %o make a decision on any other issue not so submitted. B. The arbitrator shall be %.~ithout power to ma]~e decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of la:~. The ~bitrator's decision shall be submitted in ~rriting ~ithin thirty(30) days follo~.~ing close of the hearing or the submission of briefs by the parties, whichever be later, unless the p3~rtios agree to an extension. The decision shall be binding on both the 'Employer a~nd the Union and shall be based solely on the arbitrator's interpretation or application of the express 'terms of this Agreement and the facts of the grievance presented. 799 C. The fees and eR for the arbitrator's servi and proceedings shall be borne equally by the Employer and the Union. provided that each party shall be responsible for compensating its o~m representatives ahd witnesses. If either party desires a verbatim record of the proceedings, it may cause such a reqord to be made, providing it Days for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared' equally. 7.6 Waiver If a grievance is not presented within 'the time limits set forth above, it shall be considered"waived'.' If a grievance is not appealed to the ne:ct step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the ~nployer's last answer, if the ~--%mp!oyer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step a~nd in%mediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union in each step. 7.7 Choice of Remedy If, as a result of the written -~uployer resporf~e in Step 5, the grieva.nce remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probational' period, the grievancm may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. if appealed to any procedure other than Step 4 of Article Vii the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved .employee shall indicate Ln ~.~iting which procedure is to be utilized, Step 4 of Article ~ii or another appeal procedure, and shall sign asta. tement to the effec{ that the choice of any Other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE '~Ii SA~.UGS'O!AUSE This Agreement is subject to the laws of the United States, the State of i. Ltnnesota and the City of I'.Iound. In the event any provision of this Agreement. shall %e ~'n~ '~ to be contrary to law by g court of competent jurisdiction from whose final or decree no appeal has been fallen wi%bin.the time provided, such provisions shall be ~ed. All other provisions of this Agreement' shall continue in full force effec~t% The voided provision n~.y be renegotiated at the %.~l~en request of eltne~ party. 9.1 Seniority shall be determined by the employee's length of continuous emplo~.ent with the Police Department and posted in an appropriate locatiou. Seniority rosters may be maintained by the Chief on the basis of t~e in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employes r~y be discharged at.the sole discretionof the ~ployer. During the probationary period a promoted or reassi~ned employee may be replaced iu his previous position at the sole discretion of the ~m. ployer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An en~loyee on layoff shall have s~ opportunity to return to wo~k within two years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to tr~musfer, job classification assigrnuents and promotions when the job relew~nt qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignmen-~ preference after eighteen (18)'months of continuous full-time employment. 9.6 One continuous vacation period shall bo selected on the basis of senionity until ~Lmrch 15 .of each calendar year. · 798 10.1 The Employer will discipline employees for just c&use only. Discipline will be in one or more of the following forms: ~ritten reprimand; suspension; demotion; or discharge. 10.2 Suspensions, demotions sad discharges will be in ~itten form. 10.3 Written reprimands, notices of suspension, and notices of dis6harge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their o%a~-individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance prccedu~e under Article VII. ARTICLE XI COHSTITUTION;YL PROTECTION Employees shall have the rights granted to all ci{izens by theUnited States and }[~n.nesota State Constitutions. ~RTICLE XII WO~( SCS-~iEDULE 12.1 The normal work year is two thousand and eighty hours (2,080) to be acco~uuted for by each employee through: l h ours worked 'on assigned shifts; holidays; ;t assigned training; authorized leave time.~ 12.2 Holid~y~ and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum.or maximum number of hours the Employer may assig~ employees. ARTICLE XIII 0V~RTI~ 13.1 ~ployees will be compensated at one and one-half (I~) times t~e employee's regular base pay rate for hour~ worked in excess of the employee's regularly scheduled shift. Chan~es of shifts do not qualify an employee for overtime · ~der this Article. Overtime will be distributed as equally as practicable. Overtime refused by empleyees will for record purposes under Article 13.2 be considered as ~m~aid overtime worked. 13.4 For the purpose of computing overtime compensation overtime ho~rs wo~ed shall not bepyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated, to the nearest fifteen (15) minutes. 1.5.2 797 1~o6 Employe~s _have ~h~bligation to work overtine backs if requested by the Employer unless unusual circumstances prevent the employee from so working. ARTICLE X!-V COi~T TI]~ .~u employee who is required to appear mn Court during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half(I-;2) times the employee ts base pay rate. An e~tension or early report to a regu!ar!y scheduled shift for Co~t appearance does not qualify the e~ployee 'for the two (2) hour ~_RTICLE ICY CALL BAng. TIi~ An employee who is called to duty during his scheduled .off-duty time shall receive a minimum of two (2) hours' pay at one ~nd one-half (ti-) times the e~otoyae's base pay rate. An extension or early report to a re~ularly scheduled shift for duty does not q%mlify the employee for the two (2) hour m_inim~m. ARTICLE X-v-I %~PdfING OUT 07 CLiSSIFICAT~0N Any employee.assigned by the Employer to work at a higher job classification shall be paid at the higher rate of pay for the duration of the assigr~ment. Upon completion ' of the assignment the employee shall revert to his/her original or assigned pay rate. ARTICLE XVIi I!ZSUP_~tCE 17.1 The Employer agrees to provide each e~olayee, after thirty(30) days of continuous emp!oj~ent, with hospitalization/~aj6r medical ins~uce, including dependent coverage, five thous~ud(O5,000.00) dollar life insurance policy ~%d long term disability insurgence mud pay sixty-five(65~) percent of the oremi~ms due. 17.' Effective the a ees to seventy(7 0 e ¥nt of the due on the insurance coverages provided under Section 1~~ .......... -~-~1 17,3 Effecti'~e 1/1/80 the Employer agrees to pay seve~uty-fiv~(757~) per~rf~he . premiums due on the insure~ce coverages provided under Section ~.1 above. ' 17.4 Effective 1/1/79 the Employer agrees to provmde a Dental In~umance polzcy for each employee and deoendent~ and. pay up to a maximum of fifteen(O15.00) dollars per mont~of the premiums due. ARTICLE XVIII HOLIDAYS 18.1 The Employer agrees to provide the following paid holidays: New Years Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Christmas~ Day Independence Day one(1) Floating Holiday Labor Day Columbus Day 18.2 Effective 1/1/80 e_ny employee required to work on any of the holidays listed below shall receive time and one-half his/her hourly rate for all'hours worked in addition to regular holiday pay. New Years Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas~ Day. ARTICLE XIX VACATION SC?~DULE 19.1 Employees shall receive paid vacations based on the following schedule: 0-5 years of ser-~ice 10 days per year 6-15 years of service 15 days per year 16-20 years of service 20 days per year 21 years and over 25 days per year 796 19.2 On an employee's twenty-fi'fth(25) anniversary of sex'vice, he/she shall be granted five(5) additional working days of v cati0n with. pay for %ha% year. This vacation leave must be ts/ten off during that year ~nd cannot be waived to receive extra salaz-y. 19.3 Paid'Vacations shall be earned during the first year of employment but cannot be taken without the approval of the Employer. ARTICLE ~Y SICK LFAVE Sick leave shall be accumulated at the rate of one(l) day per month~ ARTICLE ~XI SEVEranCE PAY 20.1 Upon honorable separation from the Employer's se~;ice, severance pay, in an amount equal to thirty-three and one-third(33-1/~) percent of the first ninty(90) days of unused sick leave, shall be paid. In no event shall the amount exceed thirty (30) days pay under this section. No payment shall be made unless the employee has completed thirty-six(36) months of service. 20.2 If the employee has completed one hundred twenty one(121) months of service ' the amount shall be increased to a m~ximum of forty(40) days pay. 20.3 If the employee has completed two hundred forty one(241) months of service the amount shall be increased to a maximum of fifty(50) days pay. ARTICLE ~U~I Funeral leave not to exceed three(3) days will be allowed by the city I,~nager. If more than three(3) days are required, the employee may choose to deduct the extra days over ~hree%3) from either.vacation leave or accumulated sick leavp. ARTICLE ~(II ~ ~L~J"~JATIOi~ The Employer agrees to.apy in each twentY-four(24) month period of ~mployment, fifteen ($15.00) dollars, toward an eye examination for each employee. ARTICLE XXIII ST~,~,DBY PAY Any employee ~laced on standby duty by the Emp].oyer shall receive one-half(!/2) hours pay for each one(l) hour required to standby for duty. ARTICLE ~IV EDUCATiOUAL If funds are not providedby any other Govermmental Agency, the ~loyer shall pay cost of tuition equal to that charged by State Institutions after the employee has successfully completed a course %~th a grade of "C'" or better. The co'mrse must be approved in advance by the City Mm~.a~er. Upon completion of the cm=se, the ~ployer will pay the employee a one(i) time payment of five(S5.00) dollars for each credit hour. the employee ea~ed. .ARTICLE XXV UI~IFOF2~ 25.1F~ach employee shall be entitled to sn.anuual uniform allowance of two hundred (~200.00) dollars. The Uniform allowance, to be paid by voucher for uniforms .actually purchased. · 25.2 The Employer agm-ees to replace all clothing dam~aged in the line of ~uty at no cost to the ~ployee. 25.3 Detective, Investigator.& Juvenile Officer will receive the first $100 in cash at the first of the year and the remaining $100 by voucher. 7 25.3 The dollar amount ~ for in Section 25.1 ~e subject to the s~mme cost of living increases as apply to the Salaz-y~ Schedule in Schedule A attached, ARTICLE XT~W-I ' SEE SCk~DULE A ATTACk~D ARTICLE ~CV-II WAi-f!-q 27.1 Any and all prior a~eements, resolutions, practices, policies, rules and regulations, regs~ding terms and conditions of emplotment, to the extent incon- sistent with the provisions of this Agreement, are hereby superceded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this' Agreement, each had the unlimited right and opportzmity to make demands smd proposals, with respect to any tern or condition of employment not removed by law, from bargaining. All Agreements and understandings arrived at by the parties are set forth in ~.~iting in this Agreement for the stipulated duration of this Agreement. The ~uployer and the Union, each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding' any and all terms and conditions of employaent referred to or covered in this Agreement or with respect to any term or condition of employment not specifically refe~ed to or covered by this Agreement, even though such terms or conditions ~y not have been within the knowledge or contemplation of either or both the parties at the time this contract was negotiated or excuted. ARTICLE YOSrIII DURATION This Agreement shall be effective as of 'January 1st., 1978 ahd shall remain in full force and effect umti!! December 31st., 1980. IN %.~IT~PESS i'F~0F, the parties hereto have executed this Agreement on th£s day of 1~77. FOR T~ CITY OF ~,[O~.D CITY ST~AP~ 794 1. Effective January 1st., 1978, the salary schedule shall be as follows: Police Officer Months of Service 0 - 6 I,bnths 7 - 12 Months 15 - 24 Months 25 - 36 Months After 36 Months Investigator/Detective, Juvenile Officer Monthly $1o~5.oo 1105.00 1215.00 154o.oo 1465.00 Months of Service Monthly Sa!a~ 0 - 6 Months $50.00 over employees base pay rate After 6 Months 100.00 over employees base pay rate ( In lieu of overtime in these positions ) Investig~.tor/Detective, Juvenile Officer shall receive overtime payment as per Article XIII when overtime is worked on normal patrol schedule. 2. Effective January 1st., 1979 the above salary rates shall be adjusted by the following Cost of Living formula: The amount of the cost of living increase shall be determined and redetermined ou the basis of the percentage increase in points of the "Consumer Price Index for Urban Wage ~rners and Clerical ~orkers, ~nneapolis (All Items), p~olished by the B~eau Of Labor Statistics, U.S. Department of Labor (1967=100)". The Cost of Living increase shall be based upon the percentage differance in points between the Index reading for July 1977, and the Xndex reading for July 1978. Cost cf Living increase shall be computed and paid the first pay period on or after J~uuary 1st., 1979. Effective January 1st., 1980 the salary schedule arrived at for Januar~~ 1st., 1979 shall be adjusted by the following Cost of Living formula: The amount of the cost of living increase shall be determined and redetermined On the basis of the percentage increase~ in points of the "Consumer Price Inden for Urban Wage Farners and Clerical Workers, ~nneapolis (All Items), published by the Bureau of Labor Statistics, U~S. Department of Labor (1967=100)". The Cost of Living increase shall be based upon the percentage difference in points between the Index reading for July 1978, and the Index reading for July 1979. Cost of Living increase shall be computed and paid the first pay period on or after January 1st., 1980. Example: The'cost of living increase for 1978, 1979, & 198~ is 153.9 to 164.6 index points. 153.9 /~,1000 . 10.,773 FOR T~ CITY OF I~D 3270 = 7.2% salary increase FOR T~M~T~RS ~0~ION LOCAL ~IYOR CI~i~f '-q3USII~E~S AG~T/ 793 CITY OF MOUND Mound, Minnesota October 28, 1977 COUNCIL MEMORANDUM 77'329 TO: FROM: SUBJECT: THE HONORABLE MAYOR AND CITY COUNCIL ACTING CITY MANAGER SALARY REVIEW I have taken the liberty to review the salaries of the clerical staff in relation to salaries of employees of cities of comparable size and similar job description. In doing so it was apparent that our reception- ist has ben receiving below average wages. The 1978 Salary Schedule recently adopted by the City Council will increase her salary to a fair and equitable rate. During discussion of this matter with the City Manager prior to budget adoption we agreed to request a step increase effective before the first of the year in an attempt to rectify the situation. It is my recommendation that a salary increase from $624. per month to $700. per month be granted effective October 1, 1977 and the approved salary of $750. becoming effective January 1, 1978 be reconfirmed. Jan has been a conscientious and willing worker and her pleasant disposition is a good first impression on persons visiting the City offices. Her capabilities are being challenged and she readily responds to these challenges. The Commissioner of Voter Registration of Hennepin County has reported to me that Jan is doing an exceptional job with voter registration and she has also taken the responsibility of handling Workmen's Compensation and Automobile Accident claims and reports. It is my intention to place a letter of commendation in her personnel file and I will be happy to add any comments the Council has to make regarding her employment. M~r.y~l. Mars e Acting City Manager 792 MULTIPLE DWELLING DISTRICT General Requirements The MULTIPLE DWELLING DISTRICTS are intended to allow multiple dwellings in those areas where such development conforms to the City Comprehensive Plan, where properly related to other land uses and thoroughfares and where muni- cipal or community facilities are immediately available, except as provided, no building, structure or land shall be occupied or used, which is not in conformity with the regulations and terms specified within this ordinance. C~nformity of Building.s and Land No building, structure, premises or land shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, altered or produced to greater heights, smaller yards, or less unoccupied area, or shall be occupied by no more families than prescribed for such building structure or premises ex- cept in conformity with the regulations herein specified for the district, as shown on the official Zoning District map, in which it is located, and shall have received a Special Use Permit from the City Council. All construction permits for Multiple Dwelling Structures including remodel- ing requires a Special Use Permit issued by the City Council after recommend- ation by the Planning Commission. All such plans shall carry the stamp of an engineer or architect, registered with the State of ~nnesota. Such plans shall include: 1. A boundary survey 2. A topographic survey 3. A plat plan based on the above surveys 4. Detailed building plans 5. D~tailed landscaping and site plans Determination of Conformity Before any building permit is approved for a multiple dwelling the City Council upon recommendation of the Building Inspector and City Planner shall determine whether the proposed use will conform to the performance standards. The de- veloper or landowner shall supply data necessary to demonstrate such conformance. Such data may include description of equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage, etc. It may occasionally be necessary for a developer or business to employ a specialized consultant to demonstrate that a given use will not exceed the performance standards. All buildings hereafter erecte~ upon Unplatted land shall be so placed that ~heY' will not obstruct proper street extensions or other features of proper subdiv- ision and land planning. Any lot or lots of five acres or less, or 300 feet or less in width, created by any means for purposes of erecting a structure must be as approved by the City Council. The plan for such subdivision shall be re- viewed by the Planning Commission which shall sumbit a report to the City Council. Buildable Lot Provisions A lot of record for which.a Deed has'been recorded in the Office of the Register of Deeds for Hennepin County prior to the effective date of this Ordinance shall be deemed a buildable lot provided it fronts on a public right-of-way and has the area requirements. Relocated Structures To maintain a high standard of residential development in the City of Mound and to protect such adeas from adverse effects through assuring that both new and relocated dwellings, f:'om within the City limits or from areas outside of the City, shall meet specified requirements, each relocation of a dwelling shall re- quire a Special Use Permit and all such dwellings shall conform with, and be situated on a lot in accordance with all of the provisions of this Ordinance and other applicable sections of the Municipal Code. Performance Standa~d~ Designed to encourage a high standard of development by providing assurance that neighboring land ~es will be compatible. The performance standards are also designed to prevent and eliminate those conditions that may cause or result in urban blight. All future developments shall be required to meet these standards. The standards shall also apply t6 existing developments where so stated. The £ity Council shall be responsible for enforcing these standards and ~ay require the submission of information showing compliance or noncompllance with these standards. ':. ~onformit¥ of Open Spaces ,o yard, court or open space, or. part thereof shall be included a'S' ~ part of the yard, court or open space similarly required for any building, structure or dwell- lng under this ordinance. Zoninq and the Comprehensive Municipal Plan Any change in zoning granted by the ~ity Council shall automatically amend the ~Comprehenslve Municipal Plan in accordance with said zoning change. ·, Land Reclamation No person, firm or corporation shall remove, extract, or process any sand, 9ravel, rock, sol], sod or o~her materials fro~ the land in any zoning ~istrlct within the City of Mound without first having applied for and having obtalned.a Special Use Permit. Such a permit shall not be required under this Section for excavation for which a permit has been issued pursuant to the Building Code pertainin9 to such excavation.- No person, firm or corporation shall reclaim land by depositing material so ak. to elevate thegrade without h~vin9 obtained a Special Use Permit as provide~ herein.. The depositing of fifty (50) cubic yards or more'of fill ... .'upon any lot'or parcel shall be land reclamations' .. -'' Dwelling Units Prohibited ' No cellar, garage, tent, trailer, houseboat or accessory building shall at any . time.be used as a dwelling unit. Interference with Street constru~tion No building permit shall be issued and no construction shall be placed in such a way as to interfere with the future construction of streets or public roads as shown on the City street plan. Quasi-Public Structures No quasi-public structure shall be located within the public ri§hr-of-way except Use Permit. Such structures shall include, but not be limited to, by Special ; trash containers, bicycle racks, benches, planting boxes, awnings, tla9 poles, . . - ..... light standards, stairs, light.v~ells, .loading well '" - bus stop shelters, and s~milar uses. ~,- ' Land uses wilt not be Permitted i'n~areas without sanitary sewer- . ... ... Exterior Stora~e~ ' In all districts, the City Council may order the owner of any property to apply for a Special Use Permit to conduct an open storage or other open use, including existing uses, provided it is found that said use constitutes a'threat to the public health, safety, convenience, morals, of general welfare. Bulk Storage (Liquid~. All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall, in addition to meeting State regulations, require a Special Use Permit in order that the City Council may have assurance that fire, explosion, or water or soil contamination hazards are.not present that would be detrimental to the public health, safety and general welfare. 789 Commercial Docks Docks to serve property located in the RB, GB or LB Districts may be permitted upon securing a Special. LLse Permit,''Any Special Use Permit granted by the Coun- cil shall be conditioned as follows: (A). The'multiPle-dwelling property on which dockage is to be located and the property served shall be'in common ownership and shall be located within 300 feet-of the property 'line of th~ Commercial property. (B) The mooring of boats at such dock shall be limited to a 'maximum of four hours. · (C) ~_~ gas, oil or other product may be sold from the'dock and no serv- ing of boats will be permitted. (D) One sign for identification will be allowed but it shall not 6xceed total of six (6). square feet in size. (E) Ingress and egress from the residential lot shall be restricted to the property held under common ownership and adequate safeguards shall be pro- vided so that persons docking will not trespass' on private.property or on any public property except for properly designated streets or.'sidewalks. - (F) The Council shall specify any special, conditions that they may re-. quire, such as fencing, lighting, or landscaping, and shall require a site plan showing the location of any such fencing, lighting or landscaping. Any lighting installed along the dock or the pathway from the residential to the commercial property shall be in such a manner as to haVe no direct source of light visible from a public right-of-way or adjacent land in the residential use district; The'Council may require a performance bond to assure construction of the site improvements required by the Special Usb:P~-rmi~ . (G)' l'he owner Shall be required to ma-intain the premises.in a neat and -clean manner'and in accordance-with the-terms established by the Special Use Permit .;~ '<" '' ' '~ ~:~-':..i..- ~ (H) ..' :Th~ Council shall determine in'~allowi~g'sbch a'SPe~ial"U~e permit'-' .--~.'~.'-".t'- that this use will'not be detrimenta] to the public welfare or..injbrious to . i"]'-:~' '. other property in the'neighborhood. . -. . · ~.., .i ~ ;".'-"'.'_ (I) The owner shall be required to meet and comp]y With all the stand-. ards and requirements of the Lake Minnetonka Conservation District'and other agencies. 789, MULTIPLE DWELLING DISTRICT General Requirements The MULTIPLE DWELLING DISTRICTS are intended to allow multiple dwellings in those areas where such development conforms to the City Comprehensive Plan, where properly related to other land uses and thoroughfares and where municipal or community facilities are immediately available. Application Except as provided, no building, structure or land shall be occupied or used, which is not in conformity with the regulations and terms specified within this Ordinance. Conformity o.f Buildings and Land No building, structure, premises or land shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district, as shown on the official Zoning District map, in which it is located, and shall have received a Special Use Permit from the City Council. No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards, or less unoccupied area, and no build- ing shall be occupied by more families than prescribed for such building struc- ture or premises. Conformity pf. Open Spaces No yard, court or open space, or part thereof shall be included as a part of the yard, court or open space similarly required for any building, structure or dwell- ing under this ordinance. Zoning and the Comprehensive Municipal Plan Any change in zoning granted by the City Council shall automatically amend the Comprehensive Municipal Plan in accordance with said zoning change. Performance Standard~ Designed to encourage a high standard of development by providing assurance that neighboring land ~es will be compatible. The performance standards are also designed to prevent and eliminate those conditions that may cause or result in urban blight. All future developments shall be required to meet these standards. The standards shall also apply to existing developments where so stated. The City Council shall be responsible for enforcing these standards and may require the submission of information showing compliance or noncompliance with these standards. .Determination of Conformity Before any building permit is approved for a multiple dwelling the City Council upon recommendation of the Building Inspector and City Planner shall determine whether the proposed use will conform to the performance standards. The de- veloper or landowner shall supply data necessary to demonstrate such conformance. Such data may includ~ ption of equipment to be , hours of operation, method of refuse disposal, type and location of exterior storage, etc. It may occasionally be necessary for a developer or business to employ a specialized consultant to demonstrate that a given use will not exceed the performance stan- dards. Platting All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdiv- ision and land planning. Any lot or lots of five acres or less, or 300 feet or less in width, created by any means for purposes of erecting a structure must be as approved by the City Council. The plan for such subdivision shall be re- viewed by the Planning Commission which shall sumbit a report to the City Council. Buildable Lot Provisions A lot of record for which a Deed has been recorded in the Office of the Register of Deeds for Hennepin County prior to the effective date of this Ordinance shall be deemed a buildable lot provided it fronts on a public right-of-way and has the area requirements set forth in Section 8 of this Ordinance. Land Reclamation No person, firm or corporation shall remove, extract, or process any sand, gravel, rock, soil, sod or other materials from the land in any zoning district within the City of Mound without first having applied for and having obtained.a Special Use Permit. Such a permit shall not be required under this Section for excavation for which a permit has been issued pursuant to the Building Code pertaining to such excavation. No person, firm or corporation shall reclaim land by depositing material so as to elevate the grade without having obtained a Special Use Permit as provided herein. The depositing of fifty (50) cubic yards or more of fill upon any tot or parcel shall be land reclamation. Dwelliog Units Prohibited No cellar, garage, tent, trailer, houseboat or accessory building shall at any time be used as a dwelling unit. Relocated Structures To maintain a high standard of residential development in the City of Mound and to protect such areas from adverse effects through assuring that both new and relocated dwellings, from within the City limits or from areas outside of the City, shall meet specified requirements, each relocation of a dwelling shall re- quire a Special Use Permit and all such dwellings shall conform with, and be situated on a lot in accordance with all of the provisions of this Ordinance and other applicable sections of the Municipal Code. Interference with Street Construction No building permit shall be issued and no construction shall be placed in such a way as to interfere with the future construction of streets or public roads as shown on the City street plan. Quasi-Public Structures No quasi-public structure shall be located within the public right-of-way except by Special Use Permit. Such structures shall include, but not be limited to, trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, llght standards~ stairs~ light wells, loading well, church directional.signs, bus stop shelters, and similar uses. Areas Without Sanitary Sewer Land uses will not be permitted in areas without sanitary sewer. Exterior Storage In all districts, the City Council may order the owner of any property to apply for a Sper~ial Use Permit to conduct an open storage or other open use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals, of general welfare. Bulk Storage (.Liquid) All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall, in addition to meeting State regulations, require a Special Use Permit in order that the City Council may have assurance that fire, explosion, or water or soil contamination hazards are.not present that would be detrimental to the public health, safety and general welfare. Commercial Docks Docks to serve property located in the RB, GB or LB Districts may be permitted upon securing a Special LLse Permit. Any Special Use Permit granted by the Coun- cil shall be conditioned as follows: (A) The multiple dwelling propertY on which dockage is to be located and the property served shall be in common ownership and shall be located within 300 feet of the property line of the commercial property. (B) The mooring of boats at such dock shall be limited to a maximum of four hours. (C) N@. gas, oil or other product may be sold from the dock and no serv~ lng of boats will be permitted. (D) One sign for identification will be allowed but it shall not exceed a total of six (6) square feet in size. (E) Ingress and egress from the residential lot shall be restricted to the property held under common ownership and adequate safeguards shall be pro- vided so that persons docking will not trespass on private property or on any public property except for properly designated streets or sidewalks. (F) The Council shall specify any special conditions that they may re- quire, such as fencing, lighting, or landscaping, and shall require a site plan showing the location of any such fencing, lighting or landscaping. Any lighting installed along the dock or the pathway from the residential to the commercial property shall be in such a manner as to have no direct source, of light visible from a public right-of-way or adjacent land in the residential use district. The Council may require a performance bond to assure construction of the site improvements required by the Special Use Permit. (6) The owner shall be require~ to maintain the premises in a neat and clean manner and in accordance with the terms established by the Special Use Permit. (H) The Council shall determine in allowing such a Special Use Permit that this use will not be detrimental to the public welfare or injurious to other property in the neighborhood. (I) The owner shall be required to meet and comply with all the stand- ards and requirements of the Lake Minnetonka Conservation District and other agencies. LAND AREA & SETBACKS Percentage Use of Land Areas 30% maximum for main building structures 30% minimum for green area - includes setbacks 40% for parking, garages and other uses: Recreation area Refuse area Storage area - 72 square feet per unit required Setbacks 30 feet from street'front right-of-way to main structure Side and rear yard setbacks shall be a minimum of 20 feet or shall be equal to the height of the building, measured at the lowest grade level. Permitted Encroachments The following shall be considered as permitted encroachments on setbacks and height requirements except as hereinafter provided: (1) In any yards: Posts, sills, eaYes (2 ft. maximum), awnings, open canopies, steps, chimneys, flag poles, sidewalks and fences, except as here- inafter amended. (2) In any yards: Steps, exposed ramps (wheel chair), or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three (3) feet from any lot line nor less than one (1) foot from any existing or proposed access drive. Lake Frontage Lots All lots having frontage on a body of water shall be governed in the following manner: (1) No building shall be located w~thin fifty (50) feet of the average waterline, and the land between land and lake must be landscaped. (2) Waterfront uses shall be maintained in a safe, orderly, and efficient manner that presents a good appearance from the water. The City Council may re- quire the owners of lakeshore lots to secure a Special Use Permit if deemed neces- sary to protect lake frontage from adverse conditions affecting the public. Miscellaneous Lot depths in excess of one hundred fifty (150) Percent of the lot widths shall not be used in computing the gross lot area to be used for apartment unit density. Garages shall be a minimum of 12 x 22 feet. Parking spaces shall be a minimum of 10 x 20 feet. Twenty five foot setback from structure to parking or drive area. No building shall be more than three floors in height and/or exceed thirty five feet. Section 8 Floor area per dwelling unit in square feet: Efficiency unit One bedroom unit Two bedroom unit 480 square foot minimum 640 square foot minimum 760 square foot minimum PERFORMANCE~ & VISUAL STAnDaRDS The building plan, including the site plan for a multiple dwelling shall be certified by an architect or engineer registered in the State of Minnesota, stating that he has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the neighboring build- ing, topography and natural surroundings and in accordance with the purposes and objectives of the Zoning Code. The architect or engineer shall further certify that he has been retained to provide full architectural service, and that he will be available to carry this project through to completion. No special use for a multiple dwelling shall be issued until the certificate is provided. On completion of the construction, the supervising architect or engineer shall file a written statement with the Building Inspector certify- ing that, to the best of his knowledge and belief, the construction, includ- ing site construction, has been performed in substantial compliance with the plans and specifications as approved by the City of Mound. At the time of an application for a Special Use Permit, the applicant shall provide a site plan for the multiple dwelling in accordance with the follow- ing provisions: (1) A Plot Plan shall show the following: Parking area and spaces; garage locations; driveways; loading areas, landscaping and screening includ- ing location, spacing, species and size of trees and shrubs, buildings; dimen- sions and finished grades of parking areas, setbacks and distances between major elements of the use. (2) The design shall make use of all land contained in the site. All-'df 'the site shall be related to the multiple use, either parking, circulation, recreation, landscaping, screening, building, storage etc. (3) The open space function is to preserve and enhance the worthwhile and natural terrain characteristics. (a) The amount and location of common open space shall be con- sistent and labeled as such to the intent and designed function of the development. (4) All exterior vertical surfaces shall have the same or equivalent facing meterial as that used in the front of the building. (5) The drainage of storm waters shall be provided for either on the site or in a public storm sewer. (6) Interior curbs shall be constructed of concrete within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this Section shall be normal six (6) inches in height. (7) Garages shall have the same construction and appearance as the main building. (8) Concrete walkways shall be provided from parking areas, loading zones and recreation areas to the entrances to the building. (9) All interior driveways, parking areas, loading areas, etc., shall be of blacktop or concrete construction. (10) A landscaping plan shall be required and approved by the City Council, Al1 required yards shall either be open landscaped and green areasor be left in a natural state, if any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs etc. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Non-residen- tial yards adjoining any of the RESIDENTIAL DISTRICTS shall be landscaped with buffer planting screens. Plans of such screens shall be submitted for approval as a part of the site plan and installed prior to issuance of a Certificate of Occupancy for any tract in the district. Building Design and Construction (A) More than three (3) stories in height shall be of Type 11 construction as provided in said Uniform Building Code. (B) Efficiency Dwelling Units. No more than twenty (20) percent of the dwelling units in any one building shall be efficiency dwelling units. (C) Sound: Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a 9-frequency test) of not less than fifty (50) decibels. Door systems between corridors and dwelling units shall be of solid core construction and include gaskets and closure plates. Room relationships, hallway designs, door and window placements and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit. (D) Projecting Air Conditioning and Heating. Units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor dis- rupt the architectural amenities of the building. ~Uhits projecting more than four (4) inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the Building Inspector, which shall be given only when building structural systems prevent compliance. (E) Trash Incinerators and Garabe. Except with row houses and multiple residence sites of four (4) or less units, no exterior trash or garbage disposal or storage shall be permitted. In the case of row houses and multiple residences with four (4) or less units, any storage and exterior incineration shall be com~ pletely enclosed by walls and roof. Open Air Drying of Clothes for Multiple Family Dwellings. Open air drying of clothes shall not be permitted on the grounds of the multiple family dwellings except when the following conditions are met: 1. The areas for open air drying of clothes are specifically drawn on the original site plans. 2. A durable and dustless surface and adequate screening is provided for the entire area to be used for the drying of clothes. (F) Elevators: Any multiple residence building of three (3) stories or more shall be equipped with at least one public elevator. Distance Between Multiple Dwelling Buildings: No building shall be located closer to any other bu~ldlng than a distance equal to the sum of their respective, heights or twenty-five (25) feet, whichever is greater. For town- houses a maximum of six (6) dwelling units may be tied together, provided, how- ever, that no building face shall be longer than one hundred twenty (120) feet. Coin-Operated Machines. Coin-operated, automative machines, dispensing food, SOft drinks and other food and materials shall be governed as follows: 1. These shall not be permitted in residential districts, except as approved by Special Use Permit as an accessory use within buildings. 2. These shall be permitted in yards or other open areas by Special Use Permit only. It is hereby affirmed as essential public policy that the appearance of a de- velopment be a proper matter of public concern and that all open spaces, build- ings, signs, plantings, surfaces, and structures which may be seen from the public ways and water bodies are subject to the provisions of this Ordinance. Miscellaneous Drainage: No land shall be developed and no use shall be permitted that results in water run-off, causing flooding, erosion, or deposit of minerals on adjacent properties. Such run-off shall be properly channeled into a storm drain, water course, ponding area, or other approved public facilities. All structures requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. No persons, firm or corporation owning or controlling any property at any inter- section of streets, alleys or public thoroughfares shall permit or allow any shrubs, hedges or fence bordering upon any street or sidewalk to grow to a height which obstructs the visions of persons driving a vehicle on any such street or thoroughfare. Storag~ All materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: construction and landscaping materials and equipment currently (within a period not to exceed 6 months from date of occupancy) being used on the premises. The City Council may require a Special Use Permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health, safety, con- venience, morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living or business amenities. Refuse All waste materials, debris, refuse, or garbage shall be kept in an enclosed building or properly contained ~n a closed container designed for such purposes. The area as designated on the plan shall be screened. The owner of vacant land shall be responsible for keeping such land free of refuse and weeds. Existing uses shall comply with this provision within six months following enactment of this Ordinance. Glare Glare, whether direct off reflected, such as form floodlights or high tempera- ture processes, and as differentiated from general illumination, shall not be visible at any property line. Exterior Lighting Any lights used for exterior illumination shall direct light away from adjoining properties and/or from public right-of-way. Radiation and Electrical Emissions All activities of this nature shall comply with the regulations set forth by the State Department of Health and the State Pollution Control .Agency. Other Nuisance. Characteristics No noise, odors, vibrations, smoke, air pollution, liquid or solid wastes, heat, glare, dust, noxious , or other such adverse i uences shal! be permitted in. any district that will exceed permitted levels establishe~ by the State 0e- partment of Health or the State Pollution control Agency or sewage of a strqnger strength than permitted by Section 20.05 of the Mound City Code. Animals Non-domestic animals Shall not be allowed in a Multiple Dwelling District. The City Council may order the owner of any animals to apply for a Special Use Permit it it is deemed to be in the interest of the public health, safety, or general welfare. ACCESSORY BUILDINGS 6 STRUCTURES No accessory building in multiple dwelling district shall exceed the height oF the principal building. The City Council may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas. Exteriors of accessory buildings shall have the same exterior finish as the main structure. Garages (Individual) Garages as required in multiple dwelling districts shall have a minimum approach off the access drives of at least eighteen (18) feet, provided, however, that where electric automatic garage door openers are provided, such distance may be reduced to eight (8) feet. Exterior Swimming Pools All swimming pools with a capacity of more than 1000 gallons or with a depth of more than one and one-half feet shall require the issuance of a building permit. In all of the zoning districts the following shall apply: (1) Required safety fencing shall be completely installed immediately following the installation of the pool. (2) Nuisances such as undue noise, lighting of adjacent property, health and safety hazards, damage to nearby vegetation, and the like, shall not be permitted. (3) Filling of pools from fire hydrants or other public facilities shall require the permission of the appropriate City officials. (4) Drainage of pools into public streets or other public drainage ways shall require permission of the appropriate City officials. Fences and Hedges All fences and hedges in the City of Mound are subject to the following: (1) No person, firm or corporation shall erect, construct or place any barbed wire fences or electric fence within the City except that barbed wire may be used as an anti-vaulting measure on top of a fence, which equals or exceeds si~ (6) feet in height, but then only in the industrial district. (2) No person, firm, or corporation shall erect, construct or place any fence within the City exceeding forty two (42) inches in height, except where specified otherwise in this section. (3) In Residential Districts, wood or chain link fences are permitted subject to the following height and setback restrictions: (a) Front yard fences may be solid or open and not over 42 inches in height. (b) Rear yard fences 16cated behind the front yard setback area may be solid or open and not over 72 inches in height. (c) Front yard shall be defined according to Section 23.31 of the Zoning Code and shall also include both fronrages on double frontage (d) Fence heights shall be measured from the aaj0ining natural ground. (e) Where any fence connects to a building used as a dwelling, a two (2) foot six (6) inch minimum width gate shall be required to allow continuous access around the building. (f) No fence shall be permitted on the public right-of-way. (g) Fence heights and unusual lots shall be governed by stand- ards obtained from the City of Los Angeles and on file in the office of the City Manager and marked "Exhibit A: Ordinance No. 243, Adopted by the Mound City Council August 20, 1968". (4) All swimming pools within the City shall be enclosed by a solid wall of fence or chain link fence not less than five (5) feet nor more than six (6) feet in height so as to prevent uninvited access. PARKING & LOADING AREA General Provisions (1) Existing off-street parking spaces and loading spaces shall not be reduced in number unless said number exceeds the requirements set forth here- in for a similar new us~. (2) Should a building, structure or use in existence be damaged or des- troyed by fire or other cause, it may be re-established except that in doing so any off-street parking or loading requirements which existed must be re- tained. (3) Each open parking space shall be not less than ten (10) feet wide and twenty (10) feet in length, exclusive of an adequately designed system of access drives. (4) Parking access drives and all drives into and within a multiple residence area shall be a minimum width of twenty-four (24) feet. (5) When required, accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use. The owner of the principal use shall file a recordable document with the City of Mound requiring the owner and his or her heirs and assigns to maintain the required number of off- street spaces during the existence of said principal use. (6) Required off-street parking space shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or for rent. Design and Maintenance of Off-Street Parking Areas (1) Parking areas shall be designed so as to provide adequate means of access to public alley or street. Such driveway access shall not exceed twenty-four (24) feet in width and shall be located so as to cause the least interference with traffic movement. (2) When determining the number of off-street parking spaces required results in a fraction, each fraction shall constitute another space. (3) No signs shall be located in any parking area except as necessary for orderly operation of traffic movement. (4) It shall be the joint and several responsibility of the operator and owner to maintain, in a neat and adequate manner, the parking space, access- ways, landscaping and required fences. (5) All off-street parking spaces shall have access off driveways and not directly off the public street. (6) A parking space shall not be less than 300 square feet of standing and maneuvering area per vehicle. No motor vehicle over 9,000 Gross Weight bearing a commercial license and no commercially licensed trailer shall be parked or stored in a platted multiple district except when loading, unloading or rendering a service. Surfacing and Dra Off-street parking areas shall be improved. Such areas shall be graded and drained as to d~spose of all surface accumu]atlon w[thln the area. IF l~ght- lng is required for off-street parking areas, it shall be directed away from adjacent residential property, as approved by the City Engineer. Location All accessory off-street parking facilities required herein shall be located as follows: (1) Paving spaces for multiple family dwellings shall be located on the same parcel as the principal structure. (2) There shall be no open off-street parking space within twenty (20) feet of any right-of-way. (3) No off-street open parking area shall be located closer than ten (10) feet from an adjacent lot and shall be screened as approved by the City Council. (4) Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passanger automobiles and/or one truck not to exceed nine thousand (9,000) pounds gross capacity for each dwelling unit. .Uhder no circumstances shall required parking facilities accessory to residen- tial structures be used for the storage of commercial vehicles or for the park- ing of automobiles belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments. Special provisions shall be made for parking of recreational vehicles. Off-Street L.oading and Unloading Areas (1) Any space allocated as a loading berth or maneauvering area so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area. (2) In connection with any structure which is to be erected or substant- ially altered, and which requires the receipt of distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading space. (3) Where noise from loading or unloading activity is audible in a residen~ ~ tial district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m. Surfacing and Drainage Off-street parking areas shall be improved. Such areas shall be graded and drained as to dispose of all surface accumulation within the area. If light- is required for off-street parking areas, it shall be directed away from ad- jacent residential property, as approved by the City Engineer. Location All accessory off-street parking facilities required herein shall be located as follows: (1) Paving spaces for multiple family dwellings shall be located on the same parcel as the primco½ al structure Chapter 23 - Page 8 · SECTION 23.06 Mult ~ellinK Use District a. Creation See Section 23.01 Expandin~ [~[u!tip!e D~etlin~ Use District Said [-~ultiple Use District as established in Section 23.0! and as sho;~n on said "Zoning Map of Mound, P~nnesota" is amended by adding thereto: 1. Lots 1, P, 3, 4, 5, 9, 10, and !1, Block 9~ Lakeside Park, A. L. Crocker's First Division, Mound, Minnesota. (Amendment #6 - ~/2~/19~? ~. Lots 18-23, inclusive, Block 3, Shirley Hills Unit F (Amendment #9 - 3. Lots 6-13, inclusive, 17-27, inclusive, Lot 33, and the North 15 feet of Lot 28, Auditor's Subdivision No. 168, Hennepin County, ~-~nnesota. (Amendment ~10 - 9/8/19~9) (See "c,l" "hereof) ~. The Southerly 1,158 feet of the Southeast Quarter of the Northeast Quarter of Section lb, To~ship ll?, Range 2h, except platted por- tions thereof. (Ord. 13~ - 11/16/1961) ' ~. Lots ll3-11~, inclusive, Mound Shores. (Ord. 13~ - Il/16/1961) 6. Lots ?-28, Block 6, Lakeside Park, A. L. Crocker's First Division, Mound, Minnesota. (Ord. 1~6 - ~/16/1963) ?. That part of Lot ~ and that oart of Lot ~ lying Enst of the West ~.~0 feet thereof and lying North of the road in Lafayette Park, Lake hinnetonka. (Ord. ltl - Il/Ih/1963) (Ord. 161 republished h/8/196~) 8. Lot ~O, Auditor's Subdivision No. l?O and that part of Lot 19, Aud- itor's Subdivision No. 170 lying Northerly of a line described as commencing ~t the Northeasterly corner of Lot l§, Auditor's Subdiv- ision No. 170, thence to the Southwesterly corner of Lot ~0, ~uditor'~ Subdivision No. 170, and there terminating. (Ord. 168 - 3/i7/196h)' 9. Lot 18, and that Part of Lot 19, Aud. Sub. f%?O lying north of Bart- lett Boulevard and so~th of ~ line extended from the northeast corner of Lot t8, Aud. Sub.#170, to the northwest corner of Lot 32, The Bartlett Place, Lake Minnetonka, and Lots 28, 29, 30, 31 and 32 of The Bartlett Place, Lake Minnetonka. (Ord. 235 - 6/20/1968) 10. Lots 23,2h,~5,26, Block 1, Lots ~2 & 23, Block ~ and that part of Lots ~,2~ & 26, Block ~, lying North of the street as opened, and Lots h,5,6,7,8 and the N. 10 feet of Lot 9, Block h including adja- cent 1/~ of Crocker Avenue and of Shady Lane vacated, Lakeside Park A. L. Crocker's 1st Division. (Ord. 264 - h/2/1RTo) c. Reducing Multiple Use District Lot 6, Auditor's Subdivision Number 168, Hennepin County, 1.ttnnesota. Ltt 9, Auditor's Subdivision Number 170. (Ord. 201 - 12/16/196~) Lots 20, ~1 and ~2, Auditor's Subdivision f/167 (Ord. 226 - 6/~9/1967) Lots 7-15, inclusive, Lots 17-27, inclusive, Lot 55 and the North 15 feet of Lot 28, 'Auditor's Subdivision No. 168. (Ord. 516 -. 4/25/74) C - 1 - 1971 SECTION cDi~ion 2 er 23 - Page ga 23.06 Multiple b~sl!~n~ Use Di~' strict' (continued) · Conforming Uses In the Multiple ~elling Use Dist.rict, unless otherwise provided in this ordinance, no building or premises shall be used, and no building shall hereafter %~ erected or structurally altered except for one or more of the following uses nor shall any building be erected to a building height of-. more than two and one-half stories or 35 feet. Ail uses permitted in Sections 23.011 and 23.05. T~-family dwelling, aoartments and flats. (Ord. 192 - 6/74/1965) Hospitals and clinics, clubs, fraternities and lodges, boarding and lodging houses. (Ord. 46 - 12/4/1945)' An apartment or apartment complex containing 100 units or more under the s~me o~nership, may upon obtaining license therefor-as provided by Chapter 38, Part F of' these ordinances, operate a grocery store supolying preoackaged commodities to its ~n residents, or~ly. Pro- vided, however, the structure, or portion thereof, used for the gro- cery store shall contain a retail sales area not to exceed ~00 square feet. Provided further, the operation of such store or stores shall.' be subject to such limitation as imposed by the council as condition- ed to the issuance of the said license therefor. (Ord..1~2 - 6/~4/ The Village Council may grant a Special Use Permit for offices of persons end-aged in ~%he engineering, medical, .dental, accounting or legal profession or for religious or philantP~opic organizations. Before granting a Special Use t~rmit, the Council shall conduct a pdblic hearing after at least 10 days' published notice and written notice to all properties within ~00 feet of the property proposed to be used for an office. ~o Special 2ermit shall be granted unless the property complies with the following conditions and standards: a. There' shall be at least 2,000 square feet of floor area of office space on the main floor. The maximum office space in any structure shall not exceed 6,000 square feet. b. The lot on which the structure is located shall contain at least 40,000 square feet. c. One 6fl-street parking space shall be provided for each 200 'square feet of floor area. A detailed plan with parking spaces shown% ~hall be ~ade a part of the ~ermit. The ~arking area shall be ~mproved in accordant. %,ith the standards established in. ' Section 25.30, Subd. (i) of this code. d. A landscgpino~ plan sh~l! be presented and incorpoI~_ted as_ a a part of the Special Use Per-mit and shall provide for a minim~n !O-foot setback from all ~rkin§ areas to ~butting property lines and shall provide that on the lO-foot setback shrubbery will be planted and maintained by the occupant of the property. ~ne landscaping plan shall show t]~t at least ~0~/~ of the ]and area will be maintained in 'open space con- sisting of greenery and.. shrubbery and will not be used for building, parking or accesso~-y purposes. SECTION 23.O6 }~,~n~e ~-'e!lin~ Use District d,' C, on~o-rmin~ Uses (con%in~ed) e. All off~e~ in t~is use district shall abide by the terms of the special permit to limit truck deliveries to the hours of 8:00 a.m. to 5:00 p,m. each day. f. No outside storage shall be allowed on the premises without the specific consent of the Village Council as stated in the permit. g. ~lluminated flashing signs are prohibited. No sign shall, be erected which has more than ~ square feet of total area including both sides of the sign if a message is contained on both sides, and the sign shall not extend on to any public right-of-'~ay. No sign shall exceed a height of 5 feet from the ground level.where the sign is located. h. L~ghting of. an~~ parking area shall be accomplished in such a way as to-have no direct source of light visible £rom a public right-o£-way or from adjacent properties. ~' i. Prior to occupancy of the slructure, approval, shall be obtained from the Fire Chie~ or his designated inspector and from the B'milding Inspector, showing compliance with all Village ordi- nances and codes. ~. The Council may require a traf£ic circulation p~an or the location or relocation of driveways to the property to promote traffic circulation and the health, safety, and general wel- fare of'the corn_reunify. k. ~ne Counci~ may impose such other conditions and safeguards in the permit as are deemed necessary to protect the public health, safety and general welfare. (O~d. 313 - 1-5-74) SECTICN 23.061 M~ltiple Dwellin9 Use District "B" Creation Multiple Dwellin9 Use District as established in Section 23.O1 and as shown on said "Zonln§ l~ap of-Mound, Minnesota" is .' mmended by addin9 thereto Mul'hiple Dwellin~ Use District "B". b. Expandin9 Multiple Dwellin9 Use District "B" by addin§ thereto: 1. Lots g-13~ inclusive~ Block 3~ Shirley Hills~ Unit D. (Ord. 112 - 1/12/61) : 2. Lots 9-38, inclusive, Block 11, SeLon. (Ordo 151 - 1/31/63) 3- Lots 6,7~8, Block 1, Seton Addition mhd Lots 1-9, inclusive, Block 2, Sebon Addition. (~d. 231 - 11/2/1~67) 4- Lot 19~ S~div~sion of Lots 1 & 32 Skarp & Lin~ist's ~vens- wood~ ~nd vacated fire lane. (~d. 274 - 11/19/1970) 5. Lobs 1 and 36, Block 15, Ard~. (~d. 335 - 5/15/1975) c. educln9' ~ult~ple D~ellin9 Use District "B" d.. Conformin~ Uses In the Multiple I~lling Use District "B", unless otherwise prov{ded in this ordinance, no building shall be erected to a building heiEht of more than two stories or 28 feet nor shall any builaing have .less than 30 feet nor more then 60 feet front yard set back) nor .sha]_l there be less than 5,000 square feet of lot area per family dwe]!~ng unit.; nor shall any building be used or hereafter erected or struct~ urally altered except for one or more of the following uses: 1. Ail uses permitted in Sections 23.Oll and 23.05. 1961) .. 3- To'~nhouses may be Permitted upon securing a specia~ Use Perm{t from the Village Oouncil upon recon~nendation of the Planning Co~ission and subject to the following standards: (aa) Townhouses are defined ss a single structure consisting of not less than three or more th~n six dwelling units having the first story at the ground level, with no other dwelling or portions of other dwellings directly above or below, with each ~elling unit connected to the other dwelling by a single party well with'no opening. Each dwe .~ling unit . shall have a .front and rear entrance. (bt) Townhouses shall not exceed two stories in hei. ght. ' ' '(ce) The require~ /an~.area £O~.eack to~-nhouse unit st~ll be, 3 units --5000 square feet of land per unit. 4 units - 4500 square feet of land per unit. 5 units - 4300 square feet of land per unit.. 6 tlnits~- 4C00 square feet of lend per unit. o (dd) The minimn/m reqAtred floor area per %owr~nouse unit shall be as follows: 1 Be~Lroom 2 Bed_room 5 Bed_room F~ch Add~l Bedroom _z½ st, 760 sq. ft. above grade 8~) sq. f.t. above grade ~60. sq. ft. above grade 2 S%gry_' 600' sq. ft. per floor 6~O sq. f~. ~er flc~r 7aD sq. ft. per floor (add gO sq. ft. per All to'-u~housee shall have at least one bedroom. tiple D~elltpcT_U~e District (ee) Tow~ouses sb~ll h~ve ~h~ following required setbacku and off ~on% 5'ar~ - 25 fee% - the st~ct~ may pro,eot 2 feet into front )-ara above first ~oor ceili~ level. Side yard - at least 15 feet on each side of the main st~act~e. Rear' yard --at least 20 feet. -' · · Off street parking- t, at least one of which shall be-indoors- If the indoor parking is a part of the ~ain structure and is set back at least 25 feet, and has an individual driveway for each ~nit, one off street parking space may be ~redited for the portion of the driveway which sb~ll be sit back at least 5 feet from the Fablic right of way. No individual drive~:ay shall be any closer than 2 feet from another individual driveway. A~Y off street ~arking 10ca%ed other than within the front )~rd' a~ea' described above-and ser~.ing more tbmn one dwelling unit shall 'not be located closer. %hah 10 feet from the principal structure,' . location and plans showing the individual ~units shall Be required. A site plan shall be filed with the council showing off-street par~- ing, driveways, walls, fences~ patios, all set--backs and the land- soaping of ali open areas With ~Trass, shrubs or other acceptable' vegetation or treatment generSll~ used in landscaping. All plans shall be reviewed %y .the Council ami filed with %he Village and Shall become a part of the .special permit, (gg) No more than one townhouse shall Be located on any one platted lo%, if more %hah one platte~ lot is used for said construction the owner Shall be requirer to replmt said lots in accordance ~ith Chap- ter 22 of the Village Codel The Council may waive said replatttng requirements upon recommendation of the Planning Commission and' upon receipt of.a signed statement 'from the owners combining said lots into one buildable parcel, said combination to be filed ~ith the County Auditor and taxed as one parcel. ' (hh) Individual townhouse units may %e conveyed or ownership trans- ferred .if copies of articles'of incorporation, association by-laws, or other covenants are presented to the Village Council and said · documents setting forth c0ndi%ions for transfer are approved bi the Village Council. Such approval shall not be given until the afore- said documents shall be filed with the Register of Deeds or the Reg-' istrar of Titles ~nd all future owners of t.o~n~ouaes or units in the individual tOwnhouse shall be bound by the conditions and covenants set forth in said documents. A certified copy of the documents filed with the'Register of Deeds or the Registrar of Titles shall be filed with the Village Clerk. (Ord. 252'- 7/1y/l~Sg) _ Chapter EECTION 23.062 ____ D~ellim~ use District a. Creation Ordinance ~io. 152 - 12t~/1963 b. Expandi~ultiple ~e!llng Use ~.strict ~:0I~ by addtn~ thereto' 1. Lots 5 to 13, inclusive, Phelp's Island Park, 1st Division and Lot ?? and that part of Lot,"B" lying SWIy of the ~Ely ]~ine of I~ot 5 in Phelp~s Island Park, lat Division if extended to the ~ly line of said Lot "B'~ ist Rea~vr~_ugement of Phelp's Island Park, 1st Division. 2. Lot Seventy-four (74:) in the First Rearrangement of Phelp~s s~and Park, First Division according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Henne- pin Oounty. Also the following tract of land in Section Nineteen (19) Township One Hundred Seventeen (117) North Range Twenty-three (23) West described as follows, to-wit: Commencing at the extreme Easterly · corner of Lot Number Seventy-four (74) t.n the plat of the First Re- arrangement of Phelp's Island Par~, First Division according to the plat on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota thence Westerly along the Southerly line of 'said lot 99.6 feet to the County Road as laid out and travelled; thence Southwesterly along the Southerly side of said road 251 feet; thence Southeasterly 168.3 feet to a point on the Westerly side of the -]]ey in the plat of Phelp's Island Park First Division which point is 292.5 feet Southwesterly from the point of beginning; thence Northeasterly alor~ the ~;esteriy side of said alley 292.5 feet to the place of beginning. 3- Auditor:s Subdivision ~mber 136. (Ord. 162 - 12/12/63) ~. Lot 9, Kohman's Addition to Mound, TheWest ~50 feet of Block ~, Shirley Hills, Unit A. Ord~ ~. Lots ~-13, inclusive, Phelp's Island Park First Division, and Lot 77 and that Dart of Lot "B" lying Southwesterly of the Northeasterly line of Lot ~ all in Phelo's Island Park First Di~rision, as extended to the Northwesterly line of said Lot "B" First Rearrangement of Phelp's Island Park First Division~ together ~ith the private streets and alleys cont~ed therein and adjacent thereto. (Ord. 190 - ~/29/196~) c. ReducinK Multiple Lh.~e!ling Use District "C" C - 1 - 1971 SECTION 23.062 ~[ulti_ple D~elltn~_ Use District "C" (continued) ~p~orming__~ e s /_n the ~lttple ~elling Use District "C", unless otherwise pro¥tded in this ordt[hance, no %uild~r~ or premises shall %e used,-and no %uilding shall be hereafter erected or structurally altered except for one o~ more of the followin~ uses: 1. An~ use permitted in Section 23.06. 2. T~o-family dwelltn§s, apartment buildings, multiple dwelltn~s, and any ~roup or row houses. ~. ~oardi~ and lo~n~ houses~ fra~e~t%ies and 4- Fo~pitals. (Ora. 142 - ~24/1962)' ~. To'~ouses, as define~ in Section 2~.061 ~b-Section d (~) and sub- ject to the stan~rds contained in sai~ section, ~y be pe~i%te~ u~on sec~ing a Spec~l ~se Pe~it from the Village Co~cil u2on reco~endation of the PlaDn~ Co~issfon. (0rd..252 - 7/17/ 969) 6. Special pe~it ~y be ~anted in accordance with terms and procedures set forth in Section 23.06, ~bsection 8, ~bdivision 5 of the zoning coae~ (~a. 315 - 1-~-74) CITY OF MOUND Mound, Minnesota October 26, 1977 INFORMATION MEMORANDUM NO. 77-192 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Grandview Lynwood Storm Sewer Attached is a copy of a letter from the Engineer relative to the MSA portion of the Grandview Storm Sewer. There is enough in the City's MSA Fund to pay this, which will be done, if there is no objection from the Council. 787 M cCOMBS KNUTSON ASSOCIATES, October 21, 1977 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: Grandview - Lynwood Storm Sewer Dear Mr. Kopp: I have talked with Chuck Weishelbaum regarding State aid payment for their portion of the cost of the Grandview- Lynwood Storm Sewer. The State will not make any direct payment for this work unless the plans and specifications were made to their standards and went through their approval process which was not done. The State however, has no objection to Mound's paying the State Aid share out of monies collected through assessments on State aid projects. In fact they don't care how you spend this money. It could go into the General Fund if the City desired this. One other problem with getting direct State Aid money on this would be that it would mean State monies had been spent on Grandview and therefore the street would have to remain on the State Aid system forever and as I understand it, there is some question as to whether Grandview should remain on the system. If you have any questions on this, please call. Very truly yours, McCOMBS-KNUTSON ASSOCIATES', INC. Lyle Swanson, P.E. LS:ts 786 12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 559-3700 22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) 879-8029 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820 CITY OF MOUND Mound, Minnesota October 27, 1977 INFORMATION MEMORANDUM NO. 77-193 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager LMCD Councilman Fenstad has requested that the attached material be sent the Council relative to actions being considered by LMCD. The Council is specifically requested to review the enclosed ordinance especially about dock fees. wants to charge $3 for each dock. LMCD 380 times $3 = $1,140. for Mound's dock permits. - 78,5 FROM: ExecUtive Co~m~ttee : ~;i;,;'-% ~:SUBJ: Li~z~ting ~tif~cate Response Time On Dock Licenses ;~; It has. been the policy: of' the . .~eve~aI seasons now, t~e 'final ~ction 'on dock license applications until'Wlll~ge -.:: zoning certificates a~e in hand~<~!~This has ~'.some ins2a~ces, ~-~easonable-dsl~y in'licensing P~ocedu~e~?!-~he District ha~ b~en' accused, howeve~ unjustly,', of using this.p! as a~ excuse~'fo~ delay in app~ The policy Was es' shed agte~ some village-c=iticism was~ expe~ieDce, .whe~e--applicants,.-.appea~ing befo~e.-~he vill~es, fused the ~g~nent ~'~!' '~, ~he -LMCD-had approved the~m application, i. Befo=e the village In O~de~ 'to se=v~ both pa~ties involved as well' ~s othe= agencies ::!~;' :~'. which we ma~ be de~ling with - in othe~ wor~, giving the applic~t ~.~;~'?'~'~:[:~" '~ompt actio~ on ~s application, ~ well ~ ~fo~ng the vill~ ..~ ~ ? ' a~.~e~onable t~e to become f~li~ with that application - it is ": ;: =eco~nded that the Dis~ict policy in t~s matte= be ~ follows: .~,. "'~ DocS'License Application Refe~ Policy: ~'?;.': It"is the policy of the ..... ~- applications .sh~l ~e~ew,~ ~d that zon~g ce~-t~icate[:'b ..~ .... f~om-the~-l~ --before ~i~ · action-- of_.the Dis~ict upon:'the application. If a zon~g ce=t~icate or 'a ~eq~st f~__delay f~f~e~ is not ~ecei~d~om the vill~e-wi~n-45 days of-the ~led notice, t~ Dis- ~ct will contin~--its consi~=ation of t~ LAKE MINNETONKA CONSERVATION DISTRICT TO: FR(E,i: I/.ICD BOtRD OF DIRECT(IqS DATE: August 20, 1977.. .~i'i.' SUBJ: Du~s Delinquency ~utom~tical!y suspended wki!e the village ". :;~ ....... he reI~esents is mo~e th~ 90 d~s ' ~!~nt ~ the p~ent of its d~s. ' ' ~oced~e f~ men~ent of ~,laws: "~ese ~-Laws m~ ~ ~ended by a majority of those ~esent ~d voting at ~y meeting ~t~ notice of the ~bst~ce of the ~oposed ~en~nt at the ~e~o~ re~ ~eting." The District has, for some time, been see~ing ~ method of encouraging the various vi!lzges to maintain the~ dues on current basis, without resorting to d~astic punitive solutions as t~ovided ~nde.~ state aflminist~ative law. A solution worth conside_~ing is to suspend the Voting u~i~ileges o£ a di~ecto~ whose villa~e is delinquent, unti~ the dues again current. - It is, therefore, recommended that Section III, Pa?agraoh' ~, of the ~ylzws of the District, be ~z~en~e~ by ~ ~ollo~ng sentence: ~e vot~g ~i~!eges of a ~ecto= ~e " ORDINANCE NO. 15 AN ORDINANCE RELATING TO DE-ICING EQUIPMENT: AUTHORIZING THE FIXING OF SEASONAL PERMITS THEREFOR; AMENDING LMCD CODE, SECTION 3.12. THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT ORDAINS' Section 1. LMCD Code, Section 3.12, Subd. 1 is amended to read: Subd. 1 Equipment defined. For the purposes of this section "deicing equipment" means a machine, mechanism, device, substance or water discharge used to prevent or restrict the normal formation of ice or to hasten the normal melting of ice. Section 2. LMCD Code, Section 3.12, Subd. 4 is amended by adding paragraph f): f) That the applicant has taken appropriate step~ to insure that the open water will not be used to attract or maintain migratpry water fowl. Section 3. LMCD Code, Section 3.12, is amended by adding a subdivision to read as follows: Subd. 7. Permits; Fees. A seasonal fee for a special de-icing permit shall be fixed from time to time by resolution of___the__Boa~d .... A._special permit may not be iss~'d' unless the fee established pursuant to this subdivision is paid. This enactment is in effect from and after its passage and publication in accordance with the Enabling Act of the District. It is enacted by a mofority vote of all the members of the Board and has the effect of an ordinance. Chairman Attest: Executive Director 782 LAKE MINNETONKA CONSERVATION DISTRICT MEMORANDUM TO: FROM: DATE: SUBJ: L.M.C.D Board Members Dock License Committee October 24, 1977 Deicing Permit Fees Estimated unit costs to the District for 1977-78 for deicing permits are: Installation Inspector Administration $ 6.00 19.00 Total $25.00 Administration costs above include legal expense. An estimated 30 permits @ $25.00 each would result in deicing fee income of $750.00 per year. The committee recommends the adoption of the Code Amendment providing for the establishment of deicing permit fees and the resolution setting the fee at $25.00 per permit. 781 LAKE MINNETONKA Vice Chadmman: Action Report of: Robert MacNamar a Robert B~own Orval Fenstad F~ank Hunt Jez~y Johnson Angus Morrison Robert Pillsbury Richard Soderberg CONSERVATION Ex-Officio: Advisors: DISTRICT Thomas Maple F~ank Mixa Bill Cunnington Ron Hsmnack Lsmry Klick Jerry Rockv~m Robert Searles BOAT STORAGE, MOORING & LAUNC~TN~ CO~ Meeting: September 10, 1977, Satuz~day, 7:30 a.m., Ha~ts Cafe, Wayzata Attendance: MacNamara, Brown, Hunt, Johnson, NLxon, Pillsbury and Mixa 1. Moratorium Review The cnmm~ttee reviewed policy considerations smd a p~oposed amendment (attached) to the LMCD Code covering boat storage regulations prepared fo~ furthering dis- cussions on boat storage density and related problems. After discussion, Subd. 10, Boat Storage Density, was modified to provide further sro=age of one boat at each residential site existing as of Feb~y 5, 1970. After February 5, 1970, one boat as defined for storage purposes may be stored for each 100 feet of shoreline. Subd.-14 .was added which prohibits outlot dockage facilities, and the statement was added that dockage may be constructed only to serve permitted uses. The proposal as revised will be reviewed further at the next dock committee meeting. 2. .1977 Dock Licenses After review of the application of Stubbs Bay Marina, Pillsbury Moved, Johnson Seconded, that the license application be recommended fo~ approval subject to the providing of a 40-foot corridor between the sections of docks and receipt of the village zoning certificate. Motion, Ayes (5), Nays (0). Dock License Fees The c~mm~ttee reviewed an amendment to the LMCD Code providing for dock license service charges last proposed in October, 1974. Pillsbury Moved, Johnson Seconded, that the amendment be recommended to the Board fo~ f~rther consideration, along with a review and update of cost data. Motion, Ayes (5), Nays (0). Robert S. MacNsmara, Cha&rman 780 POR DISCUSSION PURPOSES ONLY 9-9-77 R~,kTING TO BOAT STORAGE I~NSITY AMENDING LMCD CODE SECTIONS 3'01, 5.02 and 5.12. THE BOARD OF DIRE6TORS OF THE LA~ MINNETOlS~A CONSERVATION DISTRICT ORDAINS: Section 1. LMCD Code, Section 5.01, Subdivision 5, is amended by adding: Subd. 5- "Authorized dock use area" mea~s that area in the lak~ which may be used for docks, moorings, boat storage, swimming floats, ski j~mp storage, or diving towers, or which may be enclosed on three sides fo= any of these purposes. a) Residential dock use area is an authorized dock use area for the use of the riparian owner dwelling in the principle s.i~ucin~re on the Lake front site. .b). Multiple residential dock use area is an authorized dock use area for the use of riparian residents living in the principle structure on the Lake front site. c) Commercial marina dock use area is an authorized dock use area providing multiple ...boat storage facilities for rent or hire by the riparian owner. d) P~ivate club dock use area is an authorized dock use area providing multiple boat storage facilities by a private club for the exclusive use of its members. .e) Municipal dock use area is mn authorized dock use area. providing multiple boat storage facilities for rent or hire by the ripmrian municipal owner under current zoninK regulations. ,f) Transient dock use area is an authorized dock use area established by the .riparian owner for tempora~.y .storage of the number of boats specified under Section 3-08, ..'..'Licenses." Sec. 2. read: I~CD Code, Section 3.02, is amended by adding subdivisions to 779 Subd. 10. Boat St0~age Density, Boats may be sto~ed along the Lake sho=e at a rate of one (1) boat for each 50 feet of sho~eline~ except that at least one boat may be stored at any site existing as of February 5~ l~70.- Boats for the purposes of this section are defined as those watercraft customarily stored in the water including motorboats and sailboats,, but not including all watercraft customarily stored on shore and used in the shore zone, and fishing or rowboats up to 16' and 10 h.p., wet sailboards,~scows,\, paddle- boats, canoes or other non motorized devices intended for use close to shore. Subd. 11. No person may lease, rent, sell or allow the use of his dock use area for boat storage purposes in any residential use area as defined in Sec. 3.01~ Subd. 5.a) and 5.b), above. Subd. 12. The District will establish no new District Mooring Areas after the effective date of this ordinance. Subd. 13. The District hereb[ prohibits the establishment of any new launching facilities for remote access for boats as defined...in Subd. 10, above. Sec. 3- LMCD Code, Section 5.12, Subd. 1 is amended to read: Subd. 1. Equi~r~nant defined. For purposes of this section "de-icing equipment" means a machine, mechanism, device, substance or warm water discharge used to prevent or restrict the normal formation of ice or to hasten the normal melting of ice. This ordinance is in effect from and after its passage and publication in accordance with the Enabling Act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Attest: Chairman -Executive Directo~ Board ~p.~ov~, 778 LAKE MINNETONKA CONSERVATION DISTRICT M g M 0 R A N D U M TO: FROM: DATE: SUBJ: L.M.C.D BOARD MEMBERS Dock Committee October 23, 1977 Dock License Service Fees An estimate of the cost of licensing docks for 1978 is as follows: (1) Dock inspections $ 900.00 Administration (20%) 10,.620.00 Total $11,520.00 Total administrative expense $$4.,005.00 One (1) above represents the estimated proportion of administrative expenses attributable to licensing activities, including legal fees. Two (2) represents total administrative expense covering all Lake- related activities. The Dock-Committee recommends a license fee of ~10.00 for each installation, plus $3.00 for each boat stored, which would result in the following fees' 66 licenses @ $10.00 each $ 660.00 3,620 boats stored @ $3.00 each: 10,860.00 Total $11,520.00 777 LAKE MINNETONKA CONSERVATION DISTRICT Chairman' Vice Chairman: Robert MacNamara Robert Brown Orval Fenstad Frank Hunt Jerry Johnson Angus Morrison Robert Pillsbury Richard Soderberg Ex-Officio: Advisors: Thomas Maple Frank Mixa Bill Cunnington Ron Harnack Larry Klick Jerry Rockvam Robert Searles Action Report of: BOAT STORAGE, MOORING & LAUNCHING COMMITTEE Meeting: Attendance: October 15, 1977, Saturday, 7:30 a.m., Harts Cafe Wayzata Paurus, MacNamara, Maple, Hunt, Pillsbury, Brown, Johnson, Nixon and Mixa 1. Moratorium Review The committee reviewed, draft #4 dated October 1S, 1977 of boat density amendment incorporating changes proposed at the last committee meeting to the September 9, 1977 draft._ (Attached) Further changes to future drafts recommended for consideration of the committee include: c) E) A) boating access for lots across the road from the lake. B) providing for access for residential lots platted between February 5, 1970 and the effective date of the ordinance. Prohibiting multiple dock licenses for single family residences-~, Eliminating references to land zones. Defining commercial marina, Private club, municipal and transient authorized dock use areas. F) Adding sections covering increased setbacks, lighting, village dockage plans. 2. LMCD Application Forms Review The committee reviewed need for changes in dock license, special mooring district and deicing permit forms for 1978. Pillsbury Moved, Brown Seconded, that the proposed Code Amendments covering water discharge and water fowl be added to the fee amendment currently under Board consideration. Motion, Ayes (7), Nays (0). 3. 1977 Dock Licenses The committee reviewed and made the following recommendations on 1977 dock license application: Pillsbury Moved, Johnson Seconded, that the 1977 dock license applica= tion of the City of Excelsior be recommended for approval. Motion, Ayes (8), Nays (0). 774 LAKE MINNETONKA CONSERVATION DISTRICT BOAT STORAGE, MOORING & LAUNCHING COMMITTEE October 1S, 1977 Page 2 Pillsbury Moved, Brown Seconded, that the 1977 dock license application for Gray's Bay Resort be recommended, for approval subject to the follow- ing stipulations' receipt of required site plan and village zoning certificate. Motion, Ayes (8), Nays (0). Brown Moved, Hunt Seconded, that the 1977 dock license and special mooring district p'ermit for Paul's Landing be recommended for denial due to non-conformance with the LMCD code requirements. Motion, Ayes (7), Nays (0). Pillsbury Moved, Brown Seconded, that the 1977 dock license application for Windward Marine be recommended for approval for 80 slips subject to the stipulation that setbacks be in conformance with the LMCD code in 1978 and receipt of village certificate. Motion, Ayes (7), Nays (0). Pillsbury moved, JohnsQn seconded, that the 1977 dock license applica- tion for the Foxhill Association be recommended for approval subject to the stipulation the dock use area be in conformance with the LMCD code in 1978 and receipt of the village certificate, biotion, Ayes (7), Nays.(O). 4. Lafayette Club - Letter of Intent The committee received a letter of intentions of the Lafayette Club to install 100 rental slips and recommends that the club be notified of current moratorium. Robert MacNamara, Chairman Louis E. Oberdeck P.O. Box 227 Mo~ud, ~[innesota 55364 October 26, 1977 Honorable Mayor Tim L. City Hall Mound, Minnesota 55364 Lovaasen Dear Mayor Lovaasen: As you undoubtedly are aware, my current term on the Planning Commission expires December 31, 1977. I have no way of knowing if the Councilwould entertain the desire to re-appoint me. However, it is my decision to retire, so to speak, at the end of my term. I was appointed to the Com~ssion when it was created ( 21 years ago, I believe) and am the only one remainig of the original members. It has been a pleasure to serve Mound and to have a small part mn zts growth. I hope it will not be looked upon as presumptuous on my part to suggest that a replacement be appointed now who could attend the remaining 1977 meetings in an observer capacity in order to become somewhat acquainted with the work the Plan- ning COmmission does. Sincerely yours, Louis E. Oberdeck. 772 77" Leonard Kopp · City Manager 5341 Maywood Road Mound, Minnesota west hennepin human services planning board 41st and Vernon South / St. Louis Park. Minnesota 55416 920-5533 55364 Dear Mr. Kopp: I am writing to let you know that Chuck Peterson has resigned from West Hennepin Human Services Planning Board. In order to insure that Mound get full representation on the Board, we wquld appreciate it if the City Council would appoint a new ~epresentative. If you need any further information for and assistance in this selection, please feel free to contact me. Thank you for your continued support of and cooperation with WHHS. MS: ich gST I October 26, 1977 MEqO TO: FRQM: RE: Cities of ~bund; Shor~vood; Spring Park & Tree Services Jeff Nelson, City Administrator BURN' SITE CLOSING The City of Minnetrista will be closing the burn site effective the 28th of October. If there is any large am.o~mt of hauling that needs to be done after that time, I am sure some arrangements can be made with the City. As soon as'possible, a report will be prepared to show the amount of usage wkich occurred by the respective communities at our site. If you have any questions feel free to call. s 770 F~O,JTE 2, BOX 738K, MOUND, MINNESOTA 55364 PHONE 472-3484 300 301 311 312 313 314 399 401 498 499 50O 5O2 510 516 526 546 551 556 561 563 565 571 575 576 59O 598 599 60O 611 612 613 698 12 CITY OF MOUND MUNICIPAL LIQUOR FUN INCOME STATEMENT SEPTEMBER 30, 1977 9 MONTHS CURRENT PERIOD AMOUNT RAT I 0 yEAR-To-DATE AMOUNT RATIO ~ALES Li QUOR $ 19,414 44.99 $ 167,232 43.47 WINE 6,118 14.18 . 49,239 12.80 BEER 16,837 39.02 160,712 41.77 OTHER 784 1.82 7,567 1.97 TOTAL SALES $ 43' i53 iO0'o0 $ 384'750 i00'O0 COSTS OF SALES ......... $ 33,228 ...... 77,00 $ 296,258 ??,00 TOTAL .COSTS $ 33,228 77.00 $ 296,258 77.00 G OSS PRO .IT $ ........ ....... Za,O0 , 88;493 3 '0'0 EXPENSES ....................................... SALARIES MANAGER $ 1,400 3.24 $ 12,600 3.27 SALARIES, SELLING 2,313 5.36 22, I42 5.75 ADVERT ISING DEPREC.IATIDN INSURANCE RENT REPAIRS SUPPLIES TAXES, PAYROLL . CLEAN lNG JANITOR & LAUNDRY 350 .81 3,150 .82 600 1.39 6,036 1.57 593 1.37 ?,274 1.8.9 245 .06 159 .37 2t320 .60 5.26 1.22 5,093 ........ 1.32 .191 .44 1,576 TRAVEL ...... 8 ..... 02 ........... 159 ............ 04 AUDIT 130 .30 2~320 °60 UTILITIES 365 .85 3,292 .86 MISCELLANEOUS 851 .22 TOTAL EXPENSES $ 6,635 15.38 $ 67,058 17.43 OPERATING INCOME OR ILOSs) $ .3,290 $ 21,435 OTHER INCOME INTEREST INCOME INVENTORY VARIATION MISCELLANEOUS 4,271 551 753 TOTAL OTHER INCOME $ 551 $ 6,193 NET INCOME $ 3,841 $ 27,628 GREE N-T ACCOUNTING ............... LAST CURRENT PERI]OD AMOUNT RAT I0 YEAR YEAR-TO-DATE AMOUNT RAT !0 $ $ $ $ 19,023 45.71 4,912 11.80 16,835 40.46 843 2.03 $ 17z~, 503 z~4.99 47,018 12-12 158, 010 40.74 8,327 2- 15 41,613 100.00 $ 387, 858 100.00 32,042 77.00 $ 298,650 77.00 32, 04.2 77. O0 $ 298~ 650 77.00 ~, s-~l 23',oo $ 8'~,~o? 23.oO 534 6.09 21,858 5.64 92 °02 35o ,84 z, 45o .63 716 1o 72 6,322 1o63 582 1.40 7,551 1.95 1,942 .50 3 . O1 1, 146 .30 410 o 99 3,299 °85 63~* .16 175 .42 879 .23 9 .02 249 .06 130 .31 2, 110 °54 574 1.38 2,602 -67 44 .11 756 .19 6,702 16.11 $ 62, 2,869 ' $ 26,743 16.11 2, 869 $ 435 1,714 496 $ 2, 6z~5 388 768 997 98 99 100 lOZ, 106 110 112 12/. 132 139 140 158 159 161 163 169 199 CITY OF MOUND MUNICIPAL LIQUOR FUND BALANCE SHEET SEPTEMBER 30, 1977 CURRENT ASSETS CASH ON HAND CASH IN BANK INVESTMENTS LOAN TO GENEfL4L FUND INVENTORY PREPAID EXPENSES ASSETS TOTAL CURRENT ASSETS FIXED ASSETS FURNITURE EQUIPMENT FIXTURES ACCUMULATED DEPRECIATION LEASEHDLD IMPROVEMENTS ACCUMULATED DEPRECIATION NET FIXED ASSETS TOTAL ASSETS 1,845 59,969 27,2 O0 3,880 70,900 5,562 40,089 26,467) 5,866 1,400) $ 169,356 18,088 $ 187,444 767 GREE N--T ACCOUNTING 12 PAGE 2 2O0 201 203 205 210 220 239 279 280 282 298 299 CURRENT LIABILITIES ACCOUNTS PAYABLE TRADE SALES TAX PAYABLE ACCRUED EXPENSES CASH OVER OR SHORT LIABILITIES AND EQUITY TOTAL CURRENT LIABILITIES TOTAL LIABILITIES FUND BALANCE TRANSFERS OUT NET INCOME SUSPENSE TOTAL EQUITY TOTAL LIABILITIES AND EQUITY $ 13,076 1,956 165,355 20,500D 27,628 $ $ 14,962 14,962 172,482 187,444 766 GR FF: N--T ACi".I'lilNT I N G 99L Chairman Hal Lateen, Ed H~s®k, ~athy Bailey, Jon Lynott~ ~oni C~e, Pat S~, ~cil Rep. Ben ~t~t, PI~~ ~p. ~r~ne ~ac~, City ~. ~o~ ~pp, City Pla~er ~n Levens~ ~. ~eb~ter Jackson nove~ and Bailey seconde~, to accept the minutes aa pres6nted for the meetin~ of 8/18/?? and 9/1 ~/~. Vote was unanimous. Lowell Seenson is interested in bocouing a Park Comm. member. His app- lication should be on file from last year. Discussion of NSP ~ght ~ghta vs. ~ght8 t~t c~e ~th ~~ houBe. The ~ ~nb ne~ng light ~: B~okton, Hlgh~, Yoland P~k, ~ne, ~d ~e *e~tt ~v~ to red,end t~t the City S~ff i~l 12gh2i~ at ~ch of ~e five ~ that we ~11 have a ~c~atlo~ a~~ ~nk at t~e ~nter, ~h a shut off at 9:~ p.a. ~le2 seconded ~d "house ~8 yo~. No action ~e~. Levens and Webster presen, ted proposed plot plea for ~i!l Pond Lane Addn. showing ? lots & outlet (in~tead of previous platted 9), an open comm- unity apace to be given to the City of Hounds and pending ~ swamp area. eejackmon moved to recom~e~l that Outlet ~ in the HiLl Pond Lane Addno subdivision be accepted for open area and the develoPer is to .grade, seed, and plant trees mm discussed at this meeting. Lynott seconded and vote warn m~timous. Levenm reported that the X~as tree had been plaated in' ~omntoeu Noun. d, and plane fo~ other green plantings in area, POINT SUBDZV~IO~ Levena presented proposed pl~ plaam for ~licam Point '- ! ~ acres with ~ dwelling units. Am ~o oPea cemmunit~ area Xe planned, discussion involved possible alternatives for developer, Each Park Come. membe~ is to look at this land ares before next ~ meeting. Page 2 Park M~nutes 10/20/?? App_ro~to proposed expend~turoo wo~o d~scuosed udth C~ty M~r. for 1978 ~n recreation proclaim, park ~L~n8,. and gene .r~ park improveBente. 6. CI:TY HA~AGE~OS ~EPORT · PARE LAHD - ~EHLE~eS S~. OOSh~y ~ocommendod that Leto 27,31 & N/~2 Ln Koehler*e Second Addn. to Hound bo returned to the orate, and tho ~ bo kept for park land. Jaclmon ooconded and vote Pack..to .the ?tat. e. m~y 8oeonded and voc® mos unmLtmouo, ezcept a sca. ne . ' ' ~7. Pa.RE & TR~' COORD. RZI~OI~ lJolL.'Le on 'eec, at,ton. 8. COU~CIL ADV~SOR REPORT W~thhart reported on the Hockey fink ns linked by ~Lnu. Rec.& Park A~ooc. annual moot~n~ is Nov. 1--.~ In St,. Paul. B~LIoy recoBBendod that Chr~o BOL~Lo attend and any other ~ CoBra. Bomber able to. ~thhart u~ll send out furtho~ inforuat~.on on meeting. Sale,on Arm~ w~.I~L be oott~n8; up a Se~Lor~ 'Cit~sen8 Drop-~n Center, u~th moa3] av&tlablo, at Turn B~ch. 9.10.11. No reports from Youth, GEORGE S. PILLSBURY Senator 42nd District 1320 Bracketts Point Road Wayzata, Minnesota 55391 (612) 473~9634 Offices: 130 State Office Building St. Paul, Minnesota 55155 (612) 2964121 930 Dain Tower Minneapolis, Minnesota 55402 (612) 338-3873 Senate State of Minnesota October 21, 1977 Mr. Leonard L. Kopp City of Mound Mound, Minnesota 55364 Dear Leonard: Very glad S.F. 1186. mittee, I to get the council memorandum regarding Serving on the Senate Elections Com- am very familiar with it. You may be certain that I shall do my best to see that it is not considered favorably. To me it is just one more DFL idea that their leadership in St. Paul is trying to shove down throats of our elected officials. Best regards. GSP:hl Sinc~ COMMITTEES · Elections, Employment, Finance, Rules and Administration · Commission on Minnesota's Future · Legislative Audit Commission SERVING · Corcoran, Dayton, Deephaven, Excelsior, Greenfield, Greenwood, Hanover, Hassan, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medina, Minnetonka Beach, Minnetrista, Mound, Orono, Rogers, St. Bonifacius, Shorewood, Spring Park, Tonka Bay, 763 LAKE MINNETONKA CONSERVATION DISTRICT AGENDA Regular Meeting, 8:00 p.m. Wednesday, October 26, Freshwater Biological Institute Navarre, Minnesota o Call to Order Roll Call Minutes: 'Augu'~t 24, 1977 Special Meeting September 7, 1977 Report of Nominating Committee Election of Officers Treasurer's Report A. Monthly Financial Statement B. Bills C. 1978 Budget committee Reports Ao Environmental Committee (1) M.C.W.D. Dam Project (2) Boulder Bridge EAW (3) Other Agency Permits (4) Other B. Boat Storage, Mooring & Launching Committee (1) 1977 Dock License: Boulder Bridge (2) Moratorium Review (3) 1977 Dock Licenses (4) Dock License Fees - Code Amendment (first reading) (5) Deicing Permit Fees (a) Code Amendment (second reading) (b) Fees Resolution (6) Other Lake Use Committee (1) Boat Storage Moratorium (2) D.N.R. Snowmobile Regulations (3) Lake Use Study Photographs (4) Other Other Business Corps of Engineers Policy Change - Village Notice on Dock Licenses Other 762 9. Adjournment GiONAL OCATIO-N ' News from the Council's Housing Prog~/ WORKSHOP FOR THE HA~NDiCAPPED The Handicap Housing Service, Inc. is sponsoring a workshop for the handicapped to be held: Saturday, October 29, 1977 St. Paul Civic Center 8:00 am - 6:00 pm Included in this workshop will be Informational presentations on: State and Federal Legislation Housing Access Rehabilitation Program White House Conference on Handicapped Individuals Several Issue Panels are scheduled, dealing with: Public Awareness Transportation Employment Consumer Participation Concurrent workshops will be held on: NOTE: Library Services Housing Group Residences Attendant Care Public Awareness Transportation Employment Consumer Participation Income Maintenance Parent Groups Access to Public Buildings and Facilities Coffeee available - Several choices for lunch will be available from $2.00 to $3.50. A $1.00 Refreshment Fee - if you are unable to pay, still attend because your input is valuable. 761 *,-I -,~ 0 ~,~ ~3 0 0 I H rJ 0 r~ 0 H -rtl 0 0 r~ 0 ~o ~ I 0 · ~ 0 r~ 0 0 0 0 · ~ 0 ~ O~ 0 LAKE MINNETONKA MENTAL HEALTH CENTER 14500 Minnetonka Boulevard Minnetonka MN 55343 935-8411 BOARD OF DIRECTORS Joanne C. Hermann, Chairman Calvin F. Hawkinson, Vice Chairman Edith McClintock, Secretary Ray McEwan, Treasurer Karen Anderson Richard Benjamin, MD. Elizabeth L. Bonham Dr. Spencer Brader Charles V. Carlson, M,D. Rev. Richard L Erickson Victor G ilbertson William Halverstadt Olive S. Leikvold Patdcia Wysocky CENTER STAFF Administration Barbara S. Teeter Executive Director, PhD. Ronald R. ~<yIIonen Medical Director, M.D. D~ane E. Lakin Evaluation Director, Ph.D. Candidate Professional Staff Mackey I. Goodman, M Div. James P. Hobday, M.S . Sigurd Hoppe, PhD. Candidate Millie Huttenmaier, Ph.D. Anne McLaughlin, M.S.W Patricia Reed, M.A. WAY12STAFF Ion D. Benson, Program Director Vicki A. George, Counselor James P. Tweedy. A.S. Steve Dando ~AN ORGANIZATION OF PROFESSIONALS" Did You Know M'O~THLY REVIEW -- OCTOBER 197~' That Lake Him]etonka Mental Health Center has changed its nmne to the WEST HENNEPIN COMMUNITY MENTAL HEALTH CENT[R? - That the new name helps identify us with the Hennepin County Mental Health delivery system? - That, along with a new name, our service area now includes St. Louis Park and Hopkins? ........... We hope you know now. Pass it on. 759 ~'~AOqctt~i3 A.LINn±~OddO -1¥r'10'~ NY 'os3 'a~&~aL4oS '[' pae4o'~ ZAO[ 'lg ~eqolao MASLON KAPLAN EDELMAN BORMAN BRAND ~, McNULTY 1800 NIIDW~)'T PLAZA MINNEAPOLIS, MINNESOTA .5540;=' October 21, 1977 Hon. Karl F. Rolvaag Chairman, Public Servi'ce Commission 160 E. Kellogg Blvd. American Center Building St. Paul, Minnesota 55101 Re: In the Matter of the 'Rates and Service of Continental Telephone Company for the Exchange Serving Maple Plain, Minnesota - Docket No. P 407/C77-613 In the Matter of Continental Tei~phone Company's Telephone Rates and Service for the Exchange of Mound, Minnesota - Docket'No. P 407/C77-614 Dear Governor Rolvaag: As we are sure you are aware, on Monday, October 17, 1977, the Public Service Commission, in your absence, voted not to hear any further discussion in the'above.matters-and not to even consider Continental's Demand for Reconsideration and Vacation. The effect of such action was to leave unmodified the Commission's prior request to the Office of Hearing Examiners to proceed with hearings in the above matters. In view of the fact that no remarks by the company. were permitted, and its position never heard, we are enclosing herewith a copy of the notes I had prepared for use in addressing the Commission had I been permitted to do so. 757 Hon. Karl F. Rolvaag October 21, 1977 Page Two I have reflected at great length about the outcome of the Commission's action on Monday and have been deeply disturbed because it is apparent that such action has resulted in placing Continental Telephone Company of Minnesota in an adversary relationship with its subscribers in the Cities of Mound and Maple Plain. That is certainly the last position that the Company wants, and furthermore, the Company believes it is not a beneficial position for its subscribers in the Cities of Mound and Maple Plain. In fact, Mr. Pearson clearly ~ndicated that it was his desire to resolve this matter without'hearings. The comments of certain commissioners present and of counsel for the Commission in response to certain questions, made it abuntantly clear that there cannot be a unilateral rate reduction for the Cities of Mound and Maple Plain. In addition, such a unilateral reduction would be a clear violation of M.S.A. §237.09 and would also be contrary to the position of the Public Service Commission in denying the recent urban/rural equalization rate filings made by Continental. Further, it was clear that the posture of the matter is ambiguous, at best, in terms of its application to an examination of the reasonableness of Continental's present rate structure. For instance, if one takes the present rates and applies them to a test year ending September 30, 1977, it is certain that the present rates will be held to be unreasonably low since the Commission had already ruled that the present rates provided proper revenues based upon a 1974 test year. Because of the structure of the petition, the only matter before the Hearing Examiner would be the changed circumstances. Thus, the hearings would not be a forum which would do anything other than examine what presently exists by way of rates and rate design, and the hearings would result in great cost and expense to the consumer only to reaffirm, of necessity, what the Corm~ission had already decided in 1976. It was apparent also, that counsel for the Commission was in agreement that the results of any hearings in the above matters could not be applied retroactively. What the Public Service ComMission has done by its action is to create an unnecessarily complicated legal position by and between the Commission itself, the consumer, and the company. If, by the action of the Public Service Commission, it was attempting to say that it wishes to 756 Hon. Karl F. R01vaag October 21, 1977 Page Three re-examine the rate design of Continental Telephone Company of Minnesota, then it should come out and say so. We had already requested, as indicated before, a rate redesign for exchanges to be upgraded and it was denied as being discriminatory. The hearing forum is one where rate redesign cannot be and will not. be examined. On behalf of the Company, we unequivocably reaffirm that it has no desire to be in adversary relationship with its consumers. We believe that there was more appropriate relief available. The Company believes that if the Public Service Commission is seeking to have a re-examination of rate redesign by Continental Telephone Company, it has chosen an improper forum to do so be- cause that will not be an issue before the Hearing Examiner. So, if that is the desire of the Public Service Commission, it should have denied the petitions of Mound and Maple Plain and then re- quested the Company to go forward with a statewide redesign rate hearing thereby shifting the burden to the Company and removing Mound and Maple Plain from the impossible position which they are now in. This would have been Continental's position had it been heard at the October 17 meeting. Unfortunately, it was not heard. In summary, it is our opinion that the alternative approa'ch we would have suggested at the Commission meeting would have remedied the very awkward legal position the Commission, the Cities of Mound and Maple Plain, and the Company now find them- selves in and would have provided non-discriminatory statewide sub s criber~. input from the Company's ,f ~ ,Z ~S in c~= ely, Commissioners: Arlen J. Erdahl Richard J. Parish Katherine E. Sasseville Juanita R. Satterlee Jerome Getz Public Service Commission Curtis A. Pearson William E. Flynn Richard J. Schieffer Sen. George Pillsbury Rep. Tad Jude Charles Rexroat JCM/slf CC: 755 ~[EMBERS OF THE PUBLIC SERVICE COI~4ISSION AND COUNSEL: THIS }~TTER C0~,R.~NCED WITH THE ISSUING OF THE PUBLIC SERVICE COMI~ISSION OF ITS ORDER IN THE CONTINENTAL. TELEPHONE C0b~ANY RATE HEARINGS~ DOCKET NO. PR-121-1 ON 'APRIL 16, 1976 GRANTING CERTAIN RATE RULINGS WITH RESPECT TO CONTINENTAL. AS A PART OF THOSE HEARINGS, MOUND INTERVENED, PUBLIC HEARINGS WERE HELD IN MOUND; AND HEARINGS WERE HELD BEFORE THE PUBLIC HEARING EXAMINER. ON MAY 11, 1976, AFTER THE'ORDER OF THE COMMISSION, MOUND FILED ITS PETITION FOR REHEARING. SHORTLY AFTER THAT ON MAY 19, 1976, MOUND FILED WITH THE DISTRICT COURT FOR THE COUNTY OF RAMSEY IN THE STATE OF MINNESOTA, AN APPEAL WHICH WAS DOCKETED AND GIVEN FILE NO. 412070. AFTER SEVERAL MONTHS, THE CO~4ISSION, ON AUGUST 13, 1976, ISSUED ITS ORDER DENYING MOUND'S PETITION FOR REHEARING. SUBSEQUENT TO THAT DATE, MOUND FILED A SECOND NOTICE OF APPEAL WITH THE RAMSEY COUNTY DISTRICT COURT. THUS, MOUND HAD TAKEN THE APPROPRIATE STEPS WITHIN THE STATUTORY CONFINES OF M.S.A. §§216.25 and .24 ~ICH PROVIDED THAT AN APPEAL MUST BE TAKEN WITHIN THIRTY DAYS AFTER ALL ORDERS OF THE COMMISSION BECO~ FINAL. DESPITE THE FACT THAT THIS IS THE ONLY METHOD FOR APPEAL OF A DECISION OF THE PUBLIC SERVICE COMMISSION,. MOUND FILED WITH THE PUBLIC SERVICE COI~,IISSION A DOCUMENT WHICH WAS ENTITLED "COMPLAINT AND PETITION AND R~QUEST FOR HEARING CONCERNING THE PRESENT RATE STRUCTURE OF CONTINENTAL TELEPHONE OR IN THE ALTERNATIVE, REVOCATIONOF THE CONTINENTAL TELEPHONE CERTIFICATE OF AUTHORITY". 754 IT IS CLEAR T~IAT I~URSUANT TO THE PUBLIC SERVICE COMi'~ISSION'S RULES 521(D), SECOND PETITIONS UPON THE SAME GROUNDS WILL NOT BE ENTERTAINED. MOUND CLAIMS IN ITS PETITION, THAT IT }lAS CHANGED CIRCUMSTANCES AND IT CITES AS CHANGED CIRCUMSTANCES, THE DECISIONS OF THE PUBLIC SERVICE COMbIISSION IN SEVERAL CASES SUBSEQUENT TO THE CONTINENTAL RATE HEARING. MOUND, IN ITS PETITION, ATTACHED RESOLUTION 77-143 OF THE MOUND CITY COUNCIL, WHEREIN THEY OUTLINED THE ACTION THEY HAD TAKEN WITH RESPECT TO THE PREVIOUS ORDER OF THE COMI~ISSION. IT CONCEDES IN THAT RESOLUTION, THAT THE COMMISSION DID NOT CHANGE ITS POSITION WITH RESPECT TO COST RELATED SERVICES OF TELEPHONE, ~BUT IN FACT, PEP~ITTED TELEPHONE COMPANIES TO HAVE THE OPTION OF ELIMINATING A SPECIAL CHARGE BEING SHOWN ON THE BILL FOR EXTENDED AREA SERVICE. THAT IS THE ONLY CHANGED CIRCUMSTANCE WHICH EXISTS IN ANY OF THE CASES CITED BY THE PARTIES. AS AN ASIDE AT THIS POINT, ~E WOULD CONCEDE THAT CONTINENTAL TELEPHONE COMPANY. WOULD, OF COURSE, BE WILLING TO ELIMINATE ANY REFERENCE TO EXTENDED AREA SERVICES ON ITS BILLINGS TO ITS CUST0bfERS AT THE DIRECTION OF THE PUBLIC SERVICE COMMISSION. . SUBSEQUENT TO THE FILING OF THE MOUND AND MAPLE PLAIN PETITIONS, CONTINENTAL TELEPHONE PERSONNEL 1,~ET WITH THE .ATTORNEYS FOR MOUND ON MAY 12, 1977, AND ON MAY 16, 1977~ CONTINENTAL TELEPHONE 'ISSUED A LETTER TO CURT PEARSON AND OTHERS REPRESENTING MOUND AND' ~I~PLE PLAIN CONFIP~ING THE DISCUSSION. ON JUNE 1, 1977, THERE WAS A PUBLIC SERVICE COb~.IISSION HEARING ON THE PETITION OF MOUND AND MAPLE PLAIN AND AT THAT HEARING THE REQUEST FOR REHEARING WAS DENIED BUT AS AN ALTERNATIVE, CONTINENTAL TELEPHONE WAS ORDERED TO SUBMIT -2- 753 A RATE REDESIGN STUDY. IN COMPLIANCE WITH THAT ORDER, CONTINENTAL TELEPHONE IMMEDIATELY SET FORTH ITS TEAMS TO PREPARE SUCH A STUDY AT QUITE SOME COST AND EXPENSE, AND THIS STUDY HAS BEEN SUBMITTED BUT NO COMb'~NT HAS BEEN RECEIVED FROM THE PUBLIC SERVICE COMMISSION. SINCE THE PETITION OF MOUND AND MAPLE PLAIN WAS DENIED ON JUNE 1, 1977, AGAIN, THE RULES AND REGULATIONS OF THE PUBLIC SERVICE COMMISSION CO~ INTO PLAY AND S~CTION 521(D) SHOULD TAKE EFFECT, NAIVELY, THAT THERE IS NO FURTHER PETITION BEFORE THE PUBLIC SERVICE COMMISSION FOR REVIEW AT THIS TIME. OBVIOUSLY, CONTINENTAL TELEPHONE IS VERY CONCERNED OVER THE ACTION TAKEN BY THE COF[MISSION AT ITS MEETING ON 0CTOBER'4] IT IS-OUR UNDERSTANDING THAT THE PUBLIC SERVICE COI~ISSION GRANTED THE PETITIONS OF MOUND AND MAPLE PLAIN AND ORDERED THEM OUT FOR A HEARING EXAMINER. SINCE THE PETITION HAD BEEN EARLIER DENIED, IT WAS THE LAST THING ON CONTINENTAL'S MIND THAT THE PETITION WOULD'NOW BE GRANTED. THE PETITION REQUEST THAT A HEARING BE HELD TO DETERMINE THE REASONABLENESS OF THE PRESENT RATE STRUCTURE OF CONTINENTAL TELEPHONE COMPANY. THAT ISSUE WAS DETERMINED IN THE APRIL 16, 1976 ORDER OF THIS CO~MISSION, THEREFORE, THAT ISSUE IS NO LONGER BEFORE THE COM~ISSION. IN OTHER WORDS, THAT DECISION IS ~-IAT IS KNOWN AS "RES JUDICATA". FURTHErmORE, THE CITY OF MOUND fuND THE CITY OF MAPLE PLAIN HAVE FILED NOTICES OF APPEAL PURSUANT TO M.S.A. 237.25, 216.24, and 216.25 DATED APRIL 16, 1976 AND AUGUST 13, 1976 WITH RESPECT TO THE FOREGOING RATE CASES. SUCH APPEALS ARE PENDING AND TAKE -3- 7)52 PRECEDENCE WHERE ALL OF THESE ISSUES ARE BEFORE THE COURT. THE ACTION TAKEN BY THE CO~[ISSION ON OCTOBER 4, 1977, IS IN EFFECT, ORDERING A STATEWIDE RATE PROCEEDING IN A.MANNER IN DEROGATION AND CONTRARY TO CHAPTER 237 OF THE LAWS OF THE STATE OF MINNESOTA. NO RATES HAVE BEEN FILED WITH THE PUBLIC SERVICE COmmISSION BY THE CONTINENTAL TELEPHONE COMPANY ~.~ICH VARY FROM THOSE ~4ICH WERE APPROVED BY THE APRIL 16 ORDER.' CERTAINLY THEP~ CAN BE NO RETRO- ACTIVITY IN ANY SUCH ORDER SINCE CONTINENTAL TELEPHONE COMPANY RELIED UPON AND IS ENTITLED TO RELY UPON, THE APRIL 16 ORDER. AS A MATTER OF FACT, CONTINENTAL TELEPHONE ENTERED INTO AN AGREEMENT WITH THE PUBLIC SERVICE COlV~4ISSION FOR A SUBSTANTIAL UPGRADE OF ITS FACILITIES THROUGHOUT THE STATE. THIS UPGRADE IS BEING DONE AT A COST OF SOME $75 MILLION AND MUCH FINANCING }LiS ALREADY BEEN OBTAINED IN RELIANCE UPON THE APRIL 16 ORDER. CERTAINLY THE PUBLIC SERVICE COb~-MISSION DOES NOT INTEND TO PERMIT SUCH AN ORDER TO BE VACATED WHEN THE ONLY PROCEDURE FOR SUCH VACATION IS THROUGH THE COURTS. WE COULD HAVE THE UNUSUAL SITUATION OF INCONSISTENT RESULTS. WE COULD HAVE THE PUBLIC SERVICE COb~fISSION HEARING FINDING THE RATES REASONABLE AND THE COURT FINDING THE RATES UN- REASONABLE, OR VISE VERSA. WHAT IS THE CASE UNDER THOSE CIR£ THE CONSEQUENCES OF THIS ORDER OF THE PUBLIC SERVICE COMMISSION ARE NOT TO BE TAKEN LIKELY. IF, IN FACT, A MUNICIPALITY OR EXCHANGE CAN AT WILL, NO MATTER ~AT EINAL ORDER OF THE PUBLIC SERVICE CO.WR~iISSION HAS BEEN ISSUED, SIMPLY WALK IN AND PETITION FOR A RE- HEARING OF THE b~TTER, THEN NO RATE CASE IS FINAL AND EACH OF THE -4- 7,51 (Iq_rloHs NOI%DV Niv.I.}t.~3 .T. OM ltO ~H.T.~H~t ~NII-~.q.T.M([ XVM NOISSI~,~O3 .qDIA}LqS DI'I~flcI .~H.T. HDIH~I lt2~Nfl S~DNV.I. sPLrlo}~I3 O.qONVH3 ~0I.I.I.l..qR &Vt{& 'S2%Rtt NOISSI~O3 ~3IA~qS 3I~I~flR ZH3, H.T. If,1 ~DNV~}IODOV NI ~(IV%tD~fl ZAISN,~iX~ NV HOflS 03. NOIISlflb ON SI Z%l.qHi '~(IV~O~tfl %{0~ %N~N.q~ZOV ~H% O.l. SV 'OS ZltO~l iON ti 'QNROt4 03. S.~DNVHDX.~ NIVf, Z.~D iO0 $NIIDNIS 3,VHI SISV~ 3H.I, NO Q~INH~ SV~ NOIII3.HeI. 3.VH~ (/Z.'r.S~t].b.q~ ANV~NO9 2NOH~I~i ~I¥iN.qNI,I. NO9 .qH.l. 3.VH,I. TIVD3~ ~H.I~ ,~0 NOIZYNIkrVX.W NV DNI~fR{O P %{~0.7.30 NO NOISSIBI~OD ~DIA%t.~S OI'I~O~ ZH~ .~0 NOI.I, DV ZH% X~I2R{~S '~SVZ~DNI Z(IIMZ.I.V,I,S V ONI.I. NV%tO NOISSI~OD ZDIA~ZS 3I'I~flJ ZH.I~ tO ZZ(P{O V ONINOI.7,I.I,Z~ Z~{ 'III~1 'ViOS~NNIR t0 ZI¥IS ZHI NI XNV~OD ZNOH~ZIZ~ Xt~ZAZ 1{0~I ViOSZNNII4 ~IO ZJ, V[LS ITS OWN CASES ~rHICH ARE CITED AS' THE CHANGED CIRCUMSTANCES, AND MAKE A DETERMINATION· WHETHER ITS DECISION IN THOSE CASES DID AND CONSTITUTE SUCH CHANGED CIRCUMSTANCES. AFTER THERE IS A DETER~{INATION THAT THERE APE ENOUGH CHANGED CIRCUMSTANCES TO PERMIT THE PETITION TO BE ALLOI'~ED IN SUCH CASES, THEN CERTAINLY A COMPANY SHOULD BE NOTIFIED OF WHAT THOSE CHANGED CIRCUMSTANCES ARE AND THAT THE HEARING EXAMINER SHOULD BE RESTRICTED IN HIS EXAMINATION OF ANY SUCH ISSUES~ TO THOSE CHANGED CIRCUMSTANCES. IT IS CLEAR, VERY CLEAR, THAT THERE ARE NO CHANGED CIRCUMSTANCES AS CONTEP~PLATED UNDER THE STATUTE CITED IN EITHER THE MOUND OR MAPLE PLAIN DECISIONS. WE, THEREFORE, RESPECTFULLY REQUEST THAT THE PUBLIC SERVICE COb~MISSION VACATE ITS ORDER OF OCTOBER 4, 1977 AND THAT~ THEY PROCEED IMMEDIATELY TO COMPLY WITH THEIR ORDER OF JUNE 1, 1977 AND TAKE WHATEVER FURTHER STEPS WOULD BE REQUESTED OR DESIRED WITH RESPECT TO THE RATE STUDIES WHICH HAD BEEN UNDERTAKEN BY CONTINENTAL TELEPHONE COMPANY. 749 METROPOLITAFI WA/TE (ONTROL ¢OMMI /ION ~50 mETRO ~'OUI:IRE BLDG. 7TH & ROBERT/TREET! ~'I::IINT PFIUL mn 55101 61'2 '2'22-84'2~ October 25, 1977 TO: Public Officials and Other ,n ,._res ced Persons in the Twin Cities Metropolitan Area SUBJECT: The Chemical Waste Landfill Demonstratir~n Facility Site Selection Process As yoLi may know, aL the October 12, 197T meeting of the Chemical Advisory Committee, an announcement was made of six candidate search area~ as part of the process of selecting a technically, envir~eh~'aily, ~eciaily acceptable site for the Chemical ~,laste Landfill Demonstration Project. As followup to that meeting, please find enclosed a copy of a chart dated October 14, 1977, indicating the contlnuino site selection prQcess t.o be used. It is believed this process will al~o'~,, maximum public input in selecting three candidate sites for the Chemica] Waste Landfill Facility to be located i~: ~he Twin Cities Metropolitan Area. The '~l~ree candidate sites are to be selected by mid-Decen:ber, !977~ in accordance with milestone dates require(i by the U. S. Environmental Protection A§cncy, A f'[na! s~te is to be selected by April, 197,°,. w)art: The following explanation applies to the enclosed ~' The figure on the left'represents the amount of search area available fo;- considerati~)n. The K,.~tro)~otitan Waste Cont~,~--~?~-i'on will be sol!aiLing 'inF~u;. on a c~.'.r, tinuous basis. As of October 27, November !7, ,.,.nd Nnvemher 29. co)~}me):t~ will be s~zn'..m~rized for presentation to the ,~:~,~¥'iso:'y Cor~:m~ttee for' t':~rther consideration, As Adv'isory Committee. meeLih~ are held on November 4, November 23~ and December 2, it is ~,,~, ~-~"-,~-~,~.~ that the Committee will pro.qressi:,~Iv.._., eliminate a large part o'~" '~m.,:.', ..... :'er.qaining a,~.:s based on public in?ut, technical considerations, social-political considerations a~d reco~.~;:d,~?.ions of the staff and the copsultant, Henning~on, Durham, and R'~ch,'~vdson, Inc. Gn Dcce;~ber 9, 1977, the Commissio~ staff and the Consultant will a)~alyze all data to date and recon~end a F,ur,~ber of si~es to the Committee. for . consideration. It i~ ~nticipated that at ~s~t--three sites will be seiectcd on December ,~, 1977. lhe three sites ~.~il! b'e suo~ t~d te l:urther an,~lysis and public input until .~.,p:'-il, 1978 wi~en (~ne site is to be seiccted, 748 Page 2 October 25, 1977 As the above process continues, Commission staff will be meeting with the citizen boards of the Minnesota Pollution Control Agency, the Metropolitan Council and with the Waste Control Commission. In addition, meetings will continue to be held throughout the region with County Boards, municipalities, citizens groups, and local citizens as shown on the right in order to secure comments regarding the search areas. Comments regarding the search areas should be addressed to: Chemical Waste Advisory Committee Metropolitan Waste Control Commission 350 Metro Square Bldg. St. Paul, Minnesota 55101 The Metropolitan Waste Control Commission again urges you to make your concerns known regarding the search areas for the Chemical Waste Landfill Facility. We encourage all persons and organizations in the region to become involved. Si ncerely, Chief Administrator Metropol i tan Waste Control Commission RJD: FJqB: TJV: jw Enclosure 747 9'i;'L ~Z o~